Formal and informal translation and interpretation for immigrants and asylum seekers

As of 2011 there were over 50,000 migrants, who speak a language other than English or Irish at home, residing in Northern Ireland. Many of these individuals do not possess adequate levels of English language proficiency in order to access services. Research funded by the Northern Ireland Inclusion and Diversity Service was conducted to determine the home-school connections of culturally and linguistically diverse families in Northern Ireland. It revealed that there are a wide variety of ways that translation and interpretation services are offered for families not fluent in English within the school settings. Drawing upon the findings from the research in Northern Ireland, this presentation provides an overview of the types of translation and interpretation taking place in Northern Ireland; the advantages and disadvantages of each; and recommendations for agencies utilizing both formal and informal translation and interpretation. The presentation also includes references to work in this area in other contexts, as well as specific guidelines for agencies using both formal and informal translation and interpretation. These guidelines help ensure that the translations are conducted in a professional manner for all agencies providing services.

Durcissement des lois sociales et santé des migrants forcés: trois ans après (a Loi sur l'asile (LAsi) [Social policy hardening and forced immigrant's health: 3 years after the Asylum Law (LAsi)'s introduction].

In the canton de Vaud, General Practioners (GPs) caring for asylum seekers under the "aide d'urgence" regime can ask for an adaptation of their housing conditions, by filling out a specific form and addressing it to the medical commission responsible for advising the EVAM (the housing institution for asylum seekers) on these issues. The forms addressed to the commission are indicative of a worrisome state of health in this population, especially for mental health. More than 70% report at least one psychiatric diagnosis. Most frequent are anxiety and depressive disorders, as well as many posttraumatic stress disorders, associated with traumatic events both in the country of origin and in Switzerland. Adapting the housing conditions, based on vulnerabilities that the GP has specifically documented, may contribute to improve the health of the most vulnerable asylum seekers.

The externalisation of the asylum function in the European Union

This paper aims to identify and assess the main items in the strategy followed by the EU and its member states on the externalisation of their asylum function. First, it analyses the European harmonisation of the return to safe third countries and to countries of first asylum, which is carried out by means of readmission agreements. Second, it refers to the strategies defined by the Hague and the Stockholm programs concerning the External Aspects of the European Union Asylum Policy, on the detention centres for illegal immigrants abroad, and on the proposals for delocalisation of asylum applications processing centres beyond the EU borders. Finally, this paper considers whether the strategy of externalisation of the function of asylum sometimes lacks legitimacy, and to what extent there is a fair balance between the interests of the states and the protection of the human rights of refugees and asylum seekers.

The European Union and refugees: towards more restrictive asylum policies in the European Union?

Several scholars have argued that European countries have decided to cooperate on asylum and migration matters at the EU level in order to develop more restrictive policies. In particular, it has been argued that European states have ‘venue-shopped’ to a new policy-venue in order to escape national constraints. This paper puts this argument to the test by assessing the extent to which the development of EU cooperation on asylum matters has indeed led to the adoption of more restrictive asylum standards. The paper argues that, actually, EU asylum cooperation has led to an overall increase in protection standards for asylum-seekers and refugees. This outcome is explained by two main factors: the increasing ‘judicialisation’ of asylum in the EU and institutional changes in the EU asylum policy area that have strengthened the role of more ‘refugee-friendly’ institutions.

Opening The Fortress : the work of public gaze on the Swiss asylum reality

The Fortress (La Forteresse) is a 2008 documentary film by Fernand Melgar that reports the Swiss asylum reality from a distant but committed point of view. The documentary describes the life of asylum seekers awaiting in a federal centre the decision to grant them-or not-refugee status. It subtly raises the issue of the role that "textual realities", grasped from the spectator's point of view, play in the production of public discourses. Most of all, it subtly poses the question of the (Swiss) spectator as an actor of the asylum policy, in the context of a semi-direct democracy. After evoking the notion of sensible experience for linking spectatorship to politics, we look at how the documentary invites its model spectator to accept the film's moral premises. Furthermore, focusing on the Swiss public sphere, we deliver an account of the reception by empirical spectators, notably by a group of leftist activists that tend to subvert Melgar's intentions. This two-fold analysis leads us to exhibit that, in a context of discursive struggles, The Fortress generates an original space of deliberation and experience, which appeals to the public to exercise their political agency on asylum policy without being constricted by an antagonist framework.

Right to asylum and border control : implications of european union policies on access to EU territory of people in need of international protection

Depuis plusieurs années, les États membres de l’Union européenne (UE) se soumettent à des politiques restrictives, en matière d’asile, qui les contraignent à respecter leur engagement de protéger les personnes qui fuient la persécution. Plusieurs politiques de dissuasion de l’UE sont controversées. Certaines ont d’abord été élaborées dans différents États, avant que l’UE ne mette en place une politique commune en matière d’asile. Certaines des ces politiques migratoires ont été copiées, et ont un effet négatif sur la transformation des procédures d’asile et du droit des réfugiés dans d’autres pays, tel le Canada. En raison des normes minimales imposées par la législation de l’UE, les États membres adoptent des politiques et instaurent des pratiques, qui sont mises en doute et sont critiquées par l’UNHCR et les ONG, quant au respect des obligations internationales à l'égard des droits de la personne. Parmi les politiques et les pratiques les plus critiquées certaines touchent le secteur du contrôle frontalier. En tentant de remédier à l’abolition des frontières internes, les États membres imposent aux demandeurs d’asile des barrières migratoires quasi impossibles à surmonter. Les forçant ainsi à s’entasser dans des centres de migration, au nord de l’Afrique, à rebrousser chemin ou encore à mourir en haute mer.

No asylum for “Infiltrators”: the legal predicament of Eritrean and Sudanese nationals in Israel

This article explores the precarious status of Eritrean and Sudanese nationals in Israel. Having crossed the Israeli-Egyptian border without authorisation and not through an official border crossing, Israeli law defines such individuals as ‘infiltrators’, a charged term which dates back to border-crossings into Israel by Palestinian Fedayeen in the 1950s. Eritreans and Sudanese nationals constitute over 90 percent of ‘infiltrators’ in Israel. Their livelihood is curtailed through hostility, sanctions, and detention, while (at the time of writing) Israel refrains from deporting them to their respective countries of origin, recognising that such forced removal could expose them to risks to their lives and/or freedom. Israel was the 10th state to ratify the 1951 Refugee Convention, and has acceded to its 1967 Protocol which removed the 1951 Convention’s temporal and geographic restrictions, yet it has not incorporated these treaties into its domestic law not has it enacted primary legislation that sets eligibility criteria for ‘refugee’ status and regulates the treatment of asylum-seekers. Israeli law also fails to accord subsidiary protection status to persons that the state considers to be non-removable, whether or not they satisfy the definition of a ‘refugee’ under the 1951 Convention. Absent legal recognition of ‘refugee’, ‘asylum-seeker’, and ‘beneficiary of subsidiary protection’ statuses, Eritreans and Sudanese nationals are left in legal limbo for an indefinite period qua irregular non-removable persons. This article takes stock of their legal predicament.

Unaccompanied Refugee Youth in Switzerland and the 'Refugee Crisis': The Emergence of the Child Asylum Seeker

In this paper I will reflect on the emergence of the distinct figure of the child asylum seeker which has entered public and political debates in Switzerland within the last 2 years. It is a figure that is identified through certain attributes such as youth, trauma, lostness or need for protection, and it is a figure that is imbued with certain rights (namely children’s rights). While this has helped young people to receive special treatment, the question arises what the repercussions are for those who do not fit within these categories. What, for example, happens, when different notions of youth, childhood and adolescence clash and disrupt ideals of innocence and childhood? And given that negative public discourses are largely focussed on the apparent danger and uncontrollability of male, single asylum seekers, what happens when categories mix and mingle? In this paper I will shed light on the interplay of institutional expectations of what constitutes a 'proper' child refugee and the ways young people themselves play with, test and contest these norms.

‘Wrong number?’ The Use and Misuse of Asylum Data in the European Union. CEPS Paper in Liberty and Security in Europe No. 69/December 2014

The Common European Asylum System (CEAS) is an EU policy area that is particularly evocative of the ‘politics of numbers’. The European Union has at its disposal a wide array of sources providing detailed information about the capacities and pressures of its member states’ asylum systems. This paper discusses the content of asylum data and the evolving interaction between its different sources, ranging from the United Nations High Commissioner for Refugees to the European Commission’s EUROSTAT and DG HOME, the European Asylum Support Office, FRONTEX, the European Migration Network (EMN) and national databases. However, the way in which such data are often misused, or even omitted, in political debate affects the soundness of policy decisions in the CEAS. Drawing on debates over the contested phenomenon of ‘asylum shopping’ and the exemption of victims of torture and unaccompanied minors from accelerated and border procedures in the recast asylum procedures Directive, this briefing paper argues that solid data-based evidence is often absent from political negotiations on CEAS measures affecting refugees and asylum-seekers.

New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection. CEPS Liberty and Security in Europe No. 77/ January 2015

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems. The Dublin system as currently configured leads inexorably to increasing coercion and detention, and must thus be reconfigured to remove coercion as a principle and ensure consistency with human rights and other fundamental values of the EU.

Enhancing the Common European Asylum System and Alternatives to Dublin. CEPS Liberty and Security in Europe No. 83/September 2015

Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems.

Governmentality and 'fearless speech': framing the education of asylum seeker and refugee children in Australia

This paper considers the educational provision for, and general treatment of, refugee and asylum seeker children in Australia, using a framework of governmentality. The paper describes the regimes of practices which govern refugees and asylum seekers in Australia, including mandatory detention and a complex set of visa categorisations, and considers their consequences for the educational provision for children. It addresses three questions: How is it possible that the rights of children have been rendered invisible in and by a democratic state? How are repressive and even violent practices normalised in a liberal state, so that ordinary citizens show so little concern about them? And what should our response be as educators and intellectuals? In conclusion, it explores Foucault's notions of ethics and fearless speech (parrhesia) as a basis for an ethics of engagement in education.

Every Wednesday I am happy: childhoods in an Irish asylum centre

In Ireland, asylum seekers are placed into a system of dispersed ‘direct provision’ reception centres across the country. This paper argues that the frequently contradictory and ambiguous positions created for children living within the Irish asylum system reflect the uncertainties and ambiguities surrounding them as immigrants (as part/not part of host societies), children (as child/not adult), and asylum seekers (as separated-out populations in dispersal centres). Based on research in a specific asylum dispersal centre, this paper will explore the ways in which the spatialities of the children's lives reflect and constitute these contradictions and ambiguities in a host of different ways.

The Allocation of Asylum Responsibilities in the EU: a Law & Economics Analysis

This dissertation focuses on how the design of the EU asylum allocation system, the system that allocates the EU’s asylum duties to its member states, relates to the development of asylum crises. The current EU asylum allocation system, the Dublin system, has in the literature frequently been blamed as an important factor that contributed to the events that occurred during the 2015/2016 EU Asylum Crisis. In the first part of this dissertation, I use a Law & Economics methodology based on rational choice theory to study how the Dublin system creates behavioural incentives for both asylum seekers and member states and how this relates to the events during the 2015/2016 EU Asylum Crisis. In the second part, I analyse how behavioural incentives for asylum seekers and member states would change if the EU would replace the Dublin system with a so-called (tradable) quota system. By comparing the outcomes of the first and the second part of the dissertation I make some normative recommendations on desirable features for an EU asylum allocation system that provides better incentives for asylum seekers and member states.

Commonwealth of Australia: July to December 2001

The six-month period from July to December 2001 was an extraordinary phase in Australia’s political history. Until 26 August, when 460 asylum seekers were rescued from their sinking vessel off the Western Australian coast, there was nothing to suggest that politics in Australia would be any different from the usual round of policy pronouncements, routine attacks by the opposition, and the occasional headlinegrabbing scandal. It seemed, as the Australian’s international editor Paul Kelly wrote, that tax would dominate the 2001 federal election campaign (21-22 July 2001). Once the asylum seekers had been rescued by the Norwegian freighter Tampa and refused entry to Australia, however, tax declined in significance. The ramifications of the Tampa incident and its aftermath were still engaging the Australian polity when, on 11 September, terrorists hijacked four passenger jets in the United States and flew two of them into the World Trade Centre in New York, one into the Pentagon, and crashed another in Pennsylvania, killing, it was estimated, more than 6000 people. Both incidents changed Australian politics. The extent and significance of the changes remain to be fully seen, but one short-term effect was to boost significantly the government’s chances of re-election.