Rights and Responsibilities of Asylum Seekers

When someone flees his home or country because of any threats to life and moves towards a safe region, the journey can be overwhelming. If you are going to apply for asylum, there are a lot of questions running in your mind; you carry fear, uncertainty, or you feel confused while trying to figure out what is going to happen in an unfamiliar place. Your mind is filled with thoughts of safety, reaching authorities, adjusting to a new system, and many more.

 

 

In the middle of all of this upheaval, it is very important for you to know that you have certain internationally recognized rights that give you protection during your asylum case pendency. These rights ensure that basic facilities and support are available to you, that you won't be sent back to your country, and that your case will be heard fairly and properly. And along with rights, there are certain duties that you must follow. Even in a crisis or moment of stress, you are expected to obey the laws of the hosting country. If you maintain a balance between your rights and duties, this can make your asylum process clearer and more manageable. 

 

The United Nations Human Declaration of Human Rights, article 14, states that everyone has the right to seek and to enjoy in other countries asylum from persecution. Article 14 on one hand recognises the rights of individuals; on the other hand, it obligates the countries to protect those fleeing persecution or other violence. 

 

At the same time, those seeking asylum are also under certain obligations under a complex legal framework of domestic law, border management, and international responsibility. 

 

This article will shed some light on the basic rights that asylum seekers enjoy and their corresponding responsibilities. 

 

According to the report of UNHCR Global Trends in 2024, more than 43 million people were seeking asylum across the world by the end of 2024, which is the highest number, historically. This rise has been observed due to ongoing conflicts in Ukraine, Sudan, Myanmar, and various parts of the Middle East. 

 

Although international law establishes strong safeguards for those fleeing persecution, the actual treatment of asylum seekers differs greatly from one country to another, depending on the legal system, and the administrative and political policy of each state. The global asylum system holds human empathy and political limitation, both making a balance between rights and responsibilities, and between obligation and state sovereignty.

 

The right of asylum is primarily based upon the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The Convention defines refugee and asylum seeker along with obligations related to them. The core principles that are non-refoulement, are applied equally to both (Art. 33) groups. The principle of non-refoulement says that no hosting country can expel or return a refugee in any manner. It prohibits the hosting countries from returning refugees to a place where they fear threat of persecution or violence. 

 

Many rights, such as access to fair process, legal counsel, medical care, housing, etc. are available to asylum seekers. These rights are guaranteed in different conventions like refugee convention linked above, the United Nations International Covenant on Civil and Political Rights, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 

 

Human rights apply to all people generally, and asylum procedures must be dealt with in a fair and non-discriminatory manner, as written in The UNHCR Handbook on Procedures and Criteria, regardless of legal status. 

 

 

The following rights are available to asylum seekers in different national and international legal frameworks

 

 

Article 31 of 1951 Convention Relating to the Status of Refugees prohibits punishing those who enter irregularly and provides that every person has the right to seek asylum. The European Union Charter of Fundamental Rights in its article 18 also guarantees the right to seek protection.

 

Basic human rights like housing, food, health, etc. are also ensured by international law as well as domestic legislation. International and domestic law ensure access to adequate living standards: housing, food, healthcare, and education. Asylum seekers have a right to enjoy minimum standards of reception (refer to the rights and entitlements provided to asylum applicants to ensure their basic needs are met during their stay) as guaranteed by The EU Reception Conditions Directive 2013/33/EU and the UK’s Asylum Support Regulations 2000, the asylum seekers are also entitled to financial support and accommodation.

 

In most cases, asylum seekers are not allowed to work, as they receive benefits from the government. However, this may vary from country to country. Although limited, asylum seekers may gain access to employment and education depending on the host state. The EU Reception Conditions Directive 2013/33/EU allows access to the labour market within nine months of filing an application; in the UK, permission may be granted after twelve months. As per Article 22 of the 1951 Convention Relating to the Status of Refugees, children of refugees or asylum seekers are entitled to education.

 

Article 8 of ECHR and article 23 of the 1951 Convention Relating to the Status of Refugees, put a responsibility on hosting states to respect family life and to allow reunification of family where it is possible.

 

Law (1951 Convention Relating to the Status of Refugees) entitles asylum seekers to have access to legal assistance and other procedural mechanisms in order to avail their rights effectively. These rights are safeguarded in many legal frameworks, which include the Immigration and Asylum Act 1999 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

 

While different legal instruments provide rights of asylum seekers, they also recognise a set of responsibilities necessary for maintaining integrity, smooth functioning and social cohesion. Article 2 of the 1951 Refugee Convention clearly states that “every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations.” These duties are vital in ensuring mutual trust between host countries and displaced persons. Some of the duties of asylum seekers may be as follows:

 

It is the primary duty of asylum seekers to obey and respect the laws of the hosting country, by abiding their immigration regulations, criminal and other laws of the country, as it is a legal maxim that ignorance of law is no excuse. In the UK, Immigration rules and asylum policy guidance 2023, state that failure to attend interview, report to local authorities or non-cooperating in identity verification may lead to refusal of claims. 

 

Similar to the above, asylum applicants must cooperate with authorities of the hosting state by providing correct information, and comply with the verification process, because the asylum system depends on the applicant's honesty and cooperation for the process as emphasized in UNHCR’s Handbook on Procedures and Criteria, 2023. 

 

Asylum seekers are bound to obey work restrictions attached to their claims as they receive benefits from the government. If they work beyond their restrictions, this violates the law which may lead to their refusal of asylum claim. 

 

The asylum seekers must leave the country if their application stands unsuccessful and their further stay shall be considered illegal.

 

Apart from these, the asylum seekers must respect all the laws of the hosting country and do not commit anything which is declared to be crime or violation by domestic law or by international law. 

 

The right to asylum is recognised by the United Kingdom, United States, European Union and major countries but approaches and domestic laws differ widely. As in the UK, basic support and benefits are provided under the Immigration and Asylum Act, 1999. The European Union deals with asylum matters under the Common European Asylum System and 2024 Migration and Asylum Pact introducing speedy border procedures and shared responsibility among member states. Overall, each system is trying to create a balance between sympathy and border control and these efforts continue to shape asylum mechanisms across the world. 

 

The right to asylum is such a delicate issue where human security and border security come parallel. On one hand, it provides a lifeline to people who escape danger, while it also demands honest engagement and respect for systems from those seeking safety. The effort to keep this balance is not only a legal obligation but reflection of moral values. It is easier for communities to act impartial, organised and sympathetic when both the rights and duties are acknowledged. 

 

During the present time when global displacement is increasing day by day, governments need to look past all political pressures and bring more workable policies to protect those at risk while keeping public trust intact. The purpose of asylum is to provide safety, when no other option exists hence, it shouldn’t be misused rather only safeguarded as shared responsibility towards human dignity.