Though we’ve formerly defined refugees and outlined their rights and protections, another critical group to explore and understand is people seeking asylum. Important to note, this group is often referred to as ‘asylum seekers’, however, at Welcome Merchant, we champion person-first language, aiming to grant respect and dignity through primarily acknowledging personhood, hence our use of ‘people seeking asylum’.
Who is a Person Seeking Asylum?
Fundamentally, a person seeking asylum refers to an individual who is seeking protection from a foreign country, but has not been legally recognised as a refugee. This may be due to formal applications not being processed, thus authorities not yet granting refugee status. As outlined by the United Nations 1951 Refugee Convention, seeking asylum is a fundamental human right, meaning that no one should be returned to a country in which they face threats to their life or freedom. Australia has been a signatory to this convention since 1954.
The Asylum Process
The process of seeking asylum begins when a person seeking asylum reaches a safe country and lodges an asylum claim. Depending on the country, this may entail submitting documentation, attending interviews and undergoing security checks. Authorities will then assess whether an applicant meets the criteria for refugee status, such as having a well-founded fear of persecution in their home country, based on race, religion, nationality, or political allegiance.
Once recognised as a refugee, legal protections are granted including the right to work, and the possibility of permanent settlement. But until then, people seeking asylum often face a precarious existence waiting for their claims to be processed. And harrowingly, this period can take months, or even years.
Challenges Faced During the Asylum Process
Faced with leaving their homes, families and livelihoods, the journey to safety for people seeking asylum is often perilous. Travel conditions can be treacherous, such as being exploited by smugglers, or facing detention upon arrival in a new country. And once the destination is reached, new challenges emerge.
Prolonged Uncertainty: in Australia, asylum claims can take years to process, during which time, applicants live in limbo, often without the right to work or access higher education, and significant barriers to healthcare only exacerbate their hardships. The tragic case of Mano Yogalingam, a Melbourne-based Tamil man, who self-immolated after enduring over a decade on a bridging visa, underscores just how devastating this uncertainty can be.
Detention and Deportation Risks: in Australia, the asylum-seeking system involves mandatory detention for many people seeking asylum, often in offshore facilities such as those in Nauru or Papua New Guinea. These centres have been widely criticised for their harsh conditions and the psychological toll they take on detainees. This is particularly worrying as Nauru is not signatory to the United Nations 1951 Refugee Convention. The risk of deportation also threatens people seeking asylum, as Australia has previously prioritised policies that favour removal, even when applicants face danger upon return to their home countries, despite the fact that this defies international law.
Limited Access to Support: many people seeking asylum in Australia live with restricted rights. Temporary visa holders face barriers to securing stable housing, employment or healthcare, only increasing their vulnerability to poverty, mental health issues and exploitation.
Stigma and Xenophobia: beyond all the socio-political and legal challenges that people seeking asylum are confronted with, they are then put up against discrimination, fuelled by negative stereotypes and political rhetoric. Public debates often frame people seeking asylum as threatening to Australian society, leading to further social isolation and hostility.
Moving Forward
Understanding the distinction between people seeking asylum and refugees is crucial for fostering empathy and having an informed dialogue. Asylum-seeking is not a choice but a necessity for those escaping unimaginable circumstances. By ensuring fair and humane treatment throughout the asylum process, host countries uphold international commitments and, more importantly, offer a lifeline to those in desperate need.
At Welcome Merchant, we stand in solidarity with people seeking asylum, advocating for their rights and amplifying their voices. Through community support and education, we aim to break down barriers and build a more inclusive society. Together, we can ensure that safety and dignity extends to all.