Análisis de la puesta en común 2

Asylum policy has not generally been an object of policy interest, except in certain locations and circumstances, for some years. This situation seems to be changing. More countries are taking steps to deter asylum seekers from arriving and/or are introducing measures to hasten their subsequent departure or are providing better reception conditions while cases are being considered. Often the two go together.

Australia is a case in point. During 2011 and 2012, it announced a number of measures designed to support asylum seekers arriving irregularly by sea. Those deemed not to pose risks following initial health, security and identity checks are considered for community placement while their asylum claims are assessed. Those given bridging visas have the right to work and can access necessary health services. At the same time the government took action to deter asylum seekers risking their lives on dangerous boat journeys to Australia and set up an independent panel to recommend action. In addition to working with Indonesia and Malaysia towards a managed regional system, recommended measures included applying a “no advantage” principle to ensure that no benefit is gained through circumventing regular migration arrangements; changes to family reunion arrangements for asylum seekers who arrive in Australia irregularly; increasing the size of the Humanitarian Programme to 20 000 places; and improving regional processing capacity by re-establishing facilities in Nauru and Papua New Guinea. So far, the last two of these have been implemented.

Both Hungary and Austria have made the legal framework for granting residence permits to rejected asylum seekers generally more restrictive. Legislative changes in Hungary in 2011 were aimed at faster and more efficient asylum procedures and the earlier detection of unfounded claims. The right to remain in Hungary was restricted to the time needed to examine first asylum requests, to speed the expulsion of those staying illegally and not entitled to international protection. In Austria, from July 2011 a one-week mobility

restriction outside the asylum reception centre was introduced for new asylum arrivals. However, asylum seekers who have had their claim rejected by the asylum court are automatically provided with legal counselling and support on further steps to take.

Both France and Norway have tackled abuse of the asylum process while Finland is promoting voluntary return. In order to prevent fraud, a change to the asylum rules in France means that an application will be refused if it is found that the applicant has made several claims under different identities. In order to prevent criminal asylum seekers who are deported from later re-enter Norway, new instructions for making an exemption from the Dublin procedure for such persons have been implemented. Under legislative amendments due to be submitted to Parliament in 2013 Finland is encouraging the return to their home country or other country of permanent residence of non-EU/EEA-country nationals whose asylum application has been rejected or cancelled.

Seven countries have introduced reforms which ease the conditions of stay of asylum seekers while their cases are being examined and which also concern those who are granted refugee status. The reforms generally relate to access to the labour market and to residence permits. Denmark is in the process of implementing a law, agreed in September 2012, which will allow asylum seekers to take up employment and residence outside the refugee centres after six months, on the condition that they co-operate with the authorities. The focus is on improving the chances of their integration if they are later granted asylum and to promote voluntary return of those asylum seekers who receive a refusal. Counselling on return home will be available for rejected asylum seekers, with financial support for those returning voluntarily, together with an extension of the deadline to leave Denmark in order to give more time to prepare for departure.

In 2011, Chile’s first law relating to asylum seekers came into operation. It formalises procedures and establishes the fundamental principles of protection. Those whose applications are formally recognised receive a temporary residence permit for a period of eight months which may be renewed for an additional eight-month period if their application is still in process. This visa expires when the case is resolved and, if the decision is positive, a permanent residence permit may be granted. In January 2011, the Law on Refugees and Complementary Protection was enacted in Mexico. It harmonises Mexican law with the United Nations Convention of 1951. Bulgaria has amended its legislation to allow refugees to receive the status of long-term residents, on the same conditions as for other non-EU/EEA citizens, after five years of residence. In June 2012 Luxembourg established conditions and procedures for granting social support for asylum seekers. A new law for managing asylum was voted by the Greek Parliament in January 2011 but is not yet fully implemented although several reception centres have been completed.

Three countries have approached the issue of vulnerability. Both Finland and Hungary have taken action on unaccompanied minor asylum seekers. New legislation, which came into force in Finland in September 2011, prohibits the detention of asylum seekers who are unaccompanied minors, while persons in this same group in Hungary are placed in child protection institutions. Lithuania has clarified in law its definition of what constitutes a vulnerable person, with changes coming into effect in February 2012. The same law makes social assistance available to persons who received subsidiary protection in the country.

Several countries have streamlined their systems in order to speed up the asylum process, to reduce caseloads and to be in a position to deport failed claimants sooner. In February 2011 the Dutch government announced a number of policy changes to be

implemented over the next two years, to simplify the system. For example, applications on asylum and humanitarian grounds will be assessed simultaneously in the initial asylum application and the protection policy for specific groups will be abolished. Most of the proposals are restrictive. Requests for regular residence permits (e.g. employment, family migration or study) must be submitted abroad in order to prevent asylum seekers from starting a regular residence procedure if their asylum application has been rejected. The burden of proof will rest with the applicant who must be able to demonstrate that he or she needs protection, especially when there are no travel documents. Second or subsequent applications must contain new facts and the possibility of legal aid is reduced if there is a negative outcome. Family members joining an asylum seeker will no longer be granted asylum status automatically, but will be treated like regular migrants.

In September 2012, a major revision to the existing law on asylum came into force in Switzerland. It is no longer possible to submit an application for asylum at a Swiss representative agency abroad; neither will those claiming prejudice, or who are conscientious objectors or deserters deemed to be refugees. However, if being a conscientious objector or a deserter will result in a disproportionately severe punishment on the grounds of ethnic origin, religion, nationality, belonging to a particular social group or having particular political opinions, then the right to asylum in Switzerland can be offered. Since the summer of 2012, the processing of asylum applications from European “safe countries” has been speeded up and decisions delivered more rapidly, normally within 48 hours of the first interview.

A new Korean Refugee Act comes into force in July 2013. It will simplify the appeals process, allow an application to be filed at the port of entry, give the applicant the right to receive the assistance of an attorney, shorten the maximum period of determining refugee status to six months, permit the resettlement of a refugee outside the territory of Korea and provide those granted asylum more social and economic security than before.