Handbook on Critical Geographies of Migration
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Handbook on Critical Geographies of Migration

Edited by Katharyne Mitchell, Reece Jones and Jennifer L. Fluri

Border walls, shipwrecks in the Mediterranean, separated families at the border, island detention camps: migration is at the centre of contemporary political and academic debates. This ground-breaking Handbook offers an exciting and original analysis of critical research on themes such as these, drawing on cutting-edge theories from an interdisciplinary and international group of leading scholars. With a focus on spatial analysis and geographical context, this volume highlights a range of theoretical, methodological and regional approaches to migration research, while remaining attuned to the underlying politics that bring critical scholars together.
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Chapter 28: Law, presence and refugee claim determination

Nick Gill, Jennifer Allsopp, Andrew Burridge, Melanie Griffiths, Natalia Paszkiewicz and Rebecca Rotter

Abstract

The chapter sets out a set of conceptual resources with which to renew attention to the issues of ‘access to’ and ‘exclusion from’ legal justice, with particular attention to legal justice in the context of refugee claims. Drawing on scholarship that resists the opposition of absence and presence and distinguishes various different types of presence, as well as extensive empirical work with asylum seekers claiming refugee status, the chapter shows that they are frequently both present and absent during important parts of the proceedings. The law’s over-emphasis on bodily presence, however, often conceals these complexities. By highlighting this effect, the authors demonstrate that thinking about the relationship between law, space and refugee migration in terms of multiple forms of absence and presence is an important way to reveal how exclusions from legal justice arise.

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