Territory, Procedures and Rights: Border Procedures in European Asylum Law

Abstract

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Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria

“…A growing number of studies on asylum law and policy in Europe and North America have emerged in the last three decades. Whereas legal (Guild 2012;Peers et al 2012;Cornelisse 2016) and political science (Lavenex 2001;Geddes 2003;Toshkov and De Haan 2013) analyses are widespread, sociological investigations in the field of asylum, especially from an institutional perspective, are still rare Liodden 2015;Tomkinson 2015;Lahusen 2016). Specifically, work on asylum adjudication, which is particularly represented in the UK Gill et al 2015;Campbell 2016) and US , often focuses on courts and judges rather than the administrative level.…”

The EU external border as a site of preventive (in)justice

“…Cornelisse has noted that border procedures are generally carried out in transit zones or international zones of airports, spaces that form fully part of the territory of the state, and over which the state exercises jurisdiction, and they generally entail deprivation of liberty either in a conventional detention centre or because the applicants' situation legally and factually amounts to a deprivation of liberty. 113 A study by the European Parliament has highlighted the lack of a common understanding among Member States of what a border procedure is, with implementation that is far from uniform and violations of the right to liberty, the prohibition of refoulement, the right to asylum and the right to an effective remedy occurring on a structural basis.…”

Genealogies of Immigration Detention: Migration Control and the Shifting Boundaries Between the ‘Penal’ and the ‘Preventive’ State

“…Very often in these cases, the legal status of the confinement measures imposed by the border authorities is uncertain, and the maximum length of detention remains variable. Moreover, states often treat these detention facilities as if they were situated in a space of legal extraterritoriality, thus limiting the rights that, according to international and domestic legal standards, those deprived of their liberty should enjoy (Basaran, 2008; Cornelisse, 2016a).…”