top of page
  • Yashwardhan

Navigating Asylum: Legal Foundations, Global Perspectives, and Challenges Faced by Asylum Seekers

By : Yashwardhan , BA.LL.B , 2 nd year , Lovely Professional University

Usually, the word asylum is used for the protection that an individual country decides to provide to people who have fled its country because of persecution or a legitimate well-grounded fear of being persecuted on the basis of the particular person's race, religion, nationality, political beliefs or membership in a particular social group. Asylum seekers make a request to foreign land to be acknowledged as refugees and to get protections that include freedom of movement for being afraid to be sent back to your country.An application has to be filled to the government of the nation of the person that is trying to seek asylum that will have to be submitted to a country where a person is obtaining asylum. Usually, the asylum test assumes that the applicant states a solid ground for the reason as to why he or she is not allowed to return and their belief that international law grants him or her asylum. Examining and interviews with people who have made asylum applications are conducted in order to establish the legitimacy of their claims.The Protection of Refugees and Asylum Seekers Bill, 2015: The present bill was introduced in the Lok Sabha by Rabindra Kumar Jena, on 11th December, 2015. It consists of 19 principal Sections. It gives the definition that is alliance the term ‘refugee’ and appoints a Commissioner of Refugees and Deputy Commissioner of Refugees. Furthermore, it gives the certain rights as well as obligations to refugees.1951 Refugee Convention: These are the cornerstone of international refugee law as they give understanding of whom a refugee is, the rights they shall have, and the obligations the nations have towards them. A person becomes a confirmed refugee when they cannot or do not wish to return to his or her homeland or country where they ordinarily live because they have a well-founded or justified fear that they might face persecution by reasons of race, nationality, religion, conviction or membership in a particular social group.


The 1951 Refugee Convention's geographic and chronological restrictions were lifted by the 1967 Protocol Relating to the Status of Refugees, thereby expanding the convention's provisions globally and guaranteeing that the definition of a refugee could be applied to circumstances other than those that existed in Europe prior to 1951.

Persecution: One of the major factors that forcepeople to ask fo asylum is persecution. An offender can be censured for belonging to a certain ethnic group, religion, nation, or having particular political beliefs or affiliations with a particular social group. At home such asycan be subjected to violence, threats to life or personal freedom, or even harassment and discrimination.

War and Conflict: Individuals involved in war will be pushed out of their homes for the sake of life despite their gender, color, culture, class, age, or status. They are the victims of war because of armed conflict, civil war, or widespread violence. Displaced residents are forced to live in environment prone to violence if they are caught in war zone areas, therefore it becomes a grave danger to their lives.

Human Rights Violations: States’ repression, via human rights violations, could cause people to step up and submit asylum applications to save themselves from the acts of compliance by state and non-state actors like death, arbitrary detention, forced disappearance, or maltreatment.

Global Perspective : The Humanitarian Imperative: Two of the things that are often taken as essential humanitarian responsibilities by some countries and international organizations are giving a person shelters and accommodation in their land as a welcome gesture and helping them provide them with food where needed. Through their arguments they maintain that human rights which are the backbone of the value of solidarity and assistance to who seek freedom from oppressors and violence can only be justified.

Human Rights Violations: Others may file seeking asylum to avoid human rights violations by those in power or by a group acting outside the state, such as torture, arbitrary detention, forced disappearance, or other forms of maltreatment.

Global Perspective : The Humanitarian Imperative: Similarly, there are many states and international associations that believe that human beings should be regarded as capable performers who can open themselves up towards new challenges. On the other hand, they believe that this responsibility is morally imperative and rooted in values such as compassion for fellow humans, and human rights thus, deserving the protection of individuals who are being persecuted and harmed.


Economic Effects: The economic impacts of asylum seekers raise a strong contrast: some show positive outcomes, while some are negative. Some argue that the contribution of refugees and asylum seekers in terms of work and skills can be seen as an opportunity for the economy. However, others consider the expenses that an immigrant host will incur such as providing aids and services together with the possibility of losing jobs and resources as a matter of concern.


Empathy and human stories

Asylum to Dalai Lamba: It is worth noting that in 1955 Dalai Lama and his followers who were the followers of the Tibetan leader got asylum in the span of territorial refuge from India. China retorted by accusing India of getting involved in its the country's internal issues with this weaponry.Yusra Mardini: Yusra Mardini [or Mood of Mardini] is a Syrian refugee whom all over the world are celebrating for courage in her quest for haven. Along with her sister, they fled civil conflict in Damascus. The journey was dangerous; they had to travel in an overcrowded boat with just an inflatable device to cross over the Aegean Sea towards the European Continent. Yusra suffered a severe stroke; she died, but not before her sister as well as two other refugees heroically tugged the boat for more than three hours. Despite the failing engine (eventually this left the boat to drift and nearly drown), the true stroke of luck, the real heroism had already been made, the lives of everyone on board had been saved.

Abdul Aziz Muhamad: Sudanese refugee Abdul Aziz Muhamad spent more than six years in paper, Papua New Guinea's offshore detention centre for immigration offences. Abdul knew well that every step he was undertaking to make the journey by boat to Australia was fraught with danger because he had to escape persecution in Sudan. Conversely, to carry out his planned mission, he was arrested by Australian strict border policies when he mustered the courage of getting to the country.While Abdul stayed in detention, there were the cars and the aircraft on fire while so much shooting was happening around him something he found surprising and terrifying. Whilst certainly he encountered many barricades and did not know what the future had reserved for him, he became a prominent human rights defender, by virtue of which he used his power appealing to the consciousness of Australian people of the terrible injustices committed towards refugees and with a strive for changing the laws governing the country's immigration.


Risky Journey: With a view to reach refuge, many asylum seekers take risky trips which in turn is a case of many suffering violence, inhumane treatment, abuse, and dangerous travel conditions. They can never rest and just about the agency can apprehend them at the slightest hint and they eventually end up in a different country, becoming the most defenseless people due to the fact that they don't have the proper documents.

Legal Obstacles: After setting foot on the hosting country’s land, asylum seekers should be able to come up with an application for asylum or refugee status as well mount legal barriers with complexity. That comprises furnishing the accurate data with evidence to maintain the accusation of being persecuted and fearing persecution. In the event though asylum applicants may find themselves in a fragile situation which persists due to uncertain nature of determinations, lack of legal counsel and the extensive delays in application processing.

Access to Legal Aid: As a result, many applicants who do not enjoy simply affording legal aid or having basic knowledge about their rights and the asylum procedure, take the applicationall by themselves. Such as it is, the prospect of the choice of option or fellow travellers within a legal system by them seems to be a bit arduous.

Legal aspects and Processes

Asylum Process Arrival and Registration: Generally, asylum seekers enter the country of destination either lawfully or through unauthorized border crossings. They typically have to register with immigration officials or other appropriate government entities upon arrival.

As well as sending basic personal self-data, individuals seeking asylum may have to go through a pre-check to be eligible for asylum.Application Submission: The applicants must patrol first, register and then file their asylum application in order to receive the formal request for protection. In most cases, the application form is highly detailed and contains aspects of the person's identity, background, reason for seeking asylum, and any supplementary documents about the person's request for protection from persecution. Countries may see professions that are related to the asylum application and their support filed within a certain period after arrival.Evidence Submission and Review: The plaintiffs would in a position to furnish additional documents, preteens accounts or the presence of professionals which might give weight to their claims. As one of the steps during the asylum process, the immigration administration or the adjudicators reports on the background information and on the reasons for claimantsdesire to recourse to asylum.


But a person can enjoy Asylum only if it is granted to him. States are not under any legal duty to grant asylum. They enjoy complete discretion in this regard, subject only to extradition treaties signed with other States.


Right to Apply for refuge: As a basic human right of refugees, the opportunity to genuinely apply for asylum should be given in secure condition where they can be free from persecution or fatal harm in a different country. The global law reflects this right it is reflected by the fact that the 1951 Refugee Convention upholds this as the so does the Universal Declaration of Human Rights (UDHR).Non-Refoulement: The principle of non-refoulement, which rules out in case of a state that returns its claimants seeking asylum to the homeland, where they would be subjected to persecution or severe injury, is the fundamental principle of refugee law. Countless international treaties like the [1951 Refugee Convention] and the [1967 Protocol,] not to mention customary international law, have definitely led to the international communities in that sense.

Protection from Discrimination: There should be no discrimination by Protected is the right of persons seeking asylum not to be a member or looks, nor religion, political or social class justification for discrimination based on race, religion, nationality, political belief, or membership in a social group. States have an obligation to make sure that refugees are dealt with fairly, respectfully by and of course without discriminating against the ones coming.

Access to Essential Rights and Services: While being away from the home environment, people who seek asylum should enjoy a portion of their rights such including social assistance, housing, health care, and education. Likewise, countries have the responsibility to guarantee that applicants for asylum are delivered essential services across the all-through the asylum process.


Policy and Politics India policy of Asylum: India recognizes Territorial Asylum but does not recognize extra territorial asylum. India issued a circular on December 30, 1967, to all foreign diplomatic missions in India and stated that it does not recognize the right of such missions to give asylum to any person within their premises.

On November 3, 1975, India delivered a statement, which was aimed at expressing its position that diplomatic asylum should be regarded as a violation of India's sovereignty.United Kingdom: People may apply for asylum in the UK even before the actual physical arrival itself or even in direct contact with some other way they have internally entered into the country of the UK. In order to gain this type of protection, refugees have to demonstrate that they have a ground to fear persecution or mistreatment in their home country and if there is no absolute proof, they have to supply immaterial facts and circumstances.

United States: Americans can either affirmatively check into the country, while they are in the United States, or negatively, when they are about to be ordered back to their countries of origin by the court for removal. In order to be assigned to an asylum, the applicants have to achieve persecution or harm as a result of their race, religion, nationality, political belief or membership to a social group.

Solutions and Recommendations:

Simplifying Processes: putting in place accessible, transparent, and unambiguous procedures for asylum seekers that expedite the processing of applications.Simplifying paperwork requirements and application forms can help lower hurdles for asylum seekers, especially those with low reading or language abilities.

Augmenting Adjudication Resources: concentrating on budgets, a number of people, and the abilities of the programs that are used in deciding asylum seekers' cases and eliminate backlogs.which will look like setting up the well-qualified judges, interpreters, and asylum officers so they can recognize merit-based cases, carry out comprehensive interviews and reach the conclusion correctly.establishing chapters focused on communication and collaboration between governmental offices, NGOs and legal aid providers, as well as other entities interested in this matter.

Improving Cooperation and Exchange of Information: Improving Cooperation and Exchange of Information:Displacing people is a complicated issue that these authorities should work together in order to find out the underlying causes, build a refugee protection system, deliver long-term solutions, and share relevant information.Advancing inter-institutional communication including exchange of best practices and data as instrumental for better visibility and quality of asylum procedures and processes.Communicating with outside agencies such as community-based organizations, refugee advocacy groups and civil society organizations, I will do the same in order to synthesize different opinions and identify the areas that require improvement by coming up with new solutions.

Maintaining Accountability and Openness:

Putting in place systems for accountability, evaluation, and monitoring to make sure that asylum procedures are just, open, and compliant with human rights norms and international legal requirements.

Providing channels for refugees to file grievances, request remedies, and challenge unfavorable rulings via unbiased, independent review processes.

International Cooperation

Shared Responsibility: The world faces pressing issues like forced migration and the refugee crisis, which call for coordinated action. These are problems too big for one nation or area to handle on its own. Countries can more fairly and successfully share the load of responding to displacement crises by promoting increased international collaboration.

Conflict Prevention and Resolution: Those issues –such as conflicts, violence and persecution - are the most common factors for people having to leave their countries. For the sake of the community, we need to prevent and solve conflicts, cooperate on making peace, and look for ways to address the problems that the displaced people face. International partnership is necessary for all these issues.


Humanitarian Assistance: Reception countries frequently experience severe constraints on their infrastructure and resources.

To bring such assistance by the countries or global community that involves the food, house, health and education requirements of both refugees and the host communities, the humanity which is the basic is a key. The community across the globe can bring change to the scenario by engaging each other, making available resources and together providing a more equitable and effective response to humanitarian emergencies.

Promotion of Human Rights, Peace, and Stability: Protecting displacement and the provision of safety and well-being to refugees and asylum seekers are thrived on the rights to humankind, peace, and stability and it is these aspects of lives that are highly promoted through the spirit of international cooperation. There are ways countries can help make it possible for people to live well together as they pursue peaceful dialogue and ways of resolving conflicts by supporting democratic leadership, the defense of human rights and international peace-keeping operations.

Actions to takenSupport Organizations: Take the size of offering some of your hard-earned money to the reputable organizations that help asylum seekers on the other hand, like advocacy groups, refugee resettlement agencies, legal aid groups, and humanitarian relief groups. For your generosity, refugees will be able to receive crucial practical help precisely in the form of advice, shelter, medical services, education, and psychological support.


Volunteer Your Time: A large number of organizations that work with asylum seekers often rely on volunteers to accomplish their mission. You can help, being a volunteer to do different types of activities, such as being a language interpreter, assisting with legal documents, teach language or work, mentoring others, and even just a person to talk to asylum seekers and being a shoulder of yours they can lean on. Contributing to our funds means that you giving the possibility to living a better life to individuals, who are forced to escape due to the conflict situation.

Raise Awareness: Take advantage of the status of your platforms and voice to both bring up such issues as the high level of hardship one has to go through in order to seek refuge and the necessity to assist and protect those who are subjected to violence and persecution. Posting articles, stories, and info on social media, conversations with friends and family, and sharing these resources in your community is of immense importance for this purpose. Through hashtags you can post and ask your followers to retweet them, which will show support for the issue by developing a sense of empathy, comprehension, or unity among the refugees and asylum seekers in addition to others who may sympathize with their plight.



The blog post comprises of a thorough infusion of the asylum concept. This is followed by a legal exploration of its foundations with underlying causes, carebeing of asylum seekers and the global view of asylum. Asylum is one of the aspects of refugee protection that covers topics such as the application procedure for seeking asylum, the rights that asylum seekers hold, the political debates taking place on distinguishing and resettlement of asylum seekers, and refers to international cooperation in efforts to address forced migration.

the manifold barriers that refugees are facing especially the fearsome and complex journeys and the legal issues, social integration issues and the economic hardships they may encounter. The legal framework is not left behind either. Itmechanisms for expedited process, quick adjudication time and cooperation among different actors are also addressed.The narrative thus appeals for the readers to be involved with pro-refugee agencies by volunteering, time, information, and policy reforms advocacy. This draws a conclusion about the crucial factor of the feeling of empathy, compassion and responsibility in this process



1. United Nations High Commissioner for Refugees (UNHCR). (n.d.). Convention and Protocol Relating to the Status of Refugees. Retrieved from


2. United Nations. (1948). Universal Declaration of Human Rights. Retrieved from


3. Government of India. (2015). The Protection of Refugees and Asylum Seekers Bill. Retrieved from [add link if available]



4. Human Rights Watch. (n.d.). Human Rights in Australia. Retrieved from


5. BBC News. (2015). Refugee crisis: Where are all these people coming from and why? Retrieved from


6. Amnesty International. (2023). The State of the World's Human Rights. Retrieved from


7. The Guardian. (2022). Asylum seekers: why people take long journeys to an uncertain future. Retrieved from


8. International Organization for Migration. (2023). Key Migration Terms. Retrieved from


2 views0 comments


Post: Blog2_Post
bottom of page