UNIVERSITY OF ESSEX ONLINE
SUPERVISOR: ELINA KONSTANTINIDOU
DISSERTATION
The Injustices and Failures of the Home Office- In
Light of Recent Asylum Laws and Policies
Name: Kainat Majid
Student ID: 12682108
Word Count: 5,023
Date of submission: 11th March 2024
,Introduction
According to the UNHCR 2016 report, globally, one in every 113 people is now either
an asylum seeker, internally displaced or a refugee. 1 It is highlighted in one of the
articles that nearly 34,000 people are displaced every day as a result of war, conflict
or persecution.2 This number has been the highest since the 2nd World War3
therefore there is a pressing need to understand their current situation, issues and
how their experiences can be improved.
The research will critically analyse old and new legislation and their impact on
society in order to reach a conclusion about how the situation can be improved. In
addition, the published literature review will also be analysed to understand the
experiences of the claimants. Hence, the outcome of this study will have implications
about how the Secretary of the State can evolve to decrease the number of
challenges faced by immigrants and those seeking asylum in the UK.
The UK asylum system is in crisis due to many major challenges such as Brexit,
COVID-19 and wars in other countries causing an increase in the number of people
seeking asylum in the UK. This has resulted in the UK government introducing new
policies and changes in legislation such as the Rwanda Bill in order to deter
migration. This study will explore some major asylum laws, recent changes in those
laws, the challenges that the immigrants and asylum seekers have been facing due
to these changes and how it is becoming worse over time. This piece will specifically
focus on the role the Home Office plays in making the process worse.
Some case laws are also explored that show how the Home Office has failed to
show empathy towards immigrants and asylum seekers. Consequently,
recommendations are made to the Home Office which can amend the UK asylum
system improving the experiences of those seeking asylum in the UK after the
trauma of persecution they have faced in their home countries.
It is also important to note that this research is very significant as the issue of
changing asylum laws is an ongoing issue which needs to be addressed to fill the
gap in the existing literature.
Methodology
Doctrinal Research
1
UNHCR, “Supporting UNHCR's work” (UNHCR, 2016) available at: https://reporting.unhcr.org/global-report-
2016 p 175, accessed on 25 Feburary 2024.
2
Sofie Bäärnhielm and others, ‘Mental Health for Refugees, Asylum Seekers and Displaced Persons: A Call for a
Humanitarian Agenda’ (2017) 54 Transcultural Psychiatry 565.
3
UNHCR, “Supporting UNHCR's work” (UNHCR, 2016) available at: https://reporting.unhcr.org/global-report-
2016 p 175 accessed on 25 February 2024.
, This research employs two methodological approaches to analyse the current
legislation and case law: doctrinal and socio-legal methodology.
Doctrinal approach is used in order to explore the relationship between the rules and
analyse their impact on asylum seekers.4 The study looks at both primary sources
such as case law, legislation and bills and secondary sources like journal articles,
textbooks, and news articles. The current laws and policies are explored in detail to
determine how the asylum system in the UK can be improved. Due to ethical
concerns, primary data cannot be collected for this research however existing
research and literature will be critically analysed to ensure that different opinions and
suggestions are taken into consideration to reach a useful conclusion.
This approach is particularly chosen for its numerous advantages. It has been used
by judges and lawyers due to its effectiveness. One of the advantages of using this
approach is that it can supply the tools needed to make a conclusion in a short
period of time.5 This approach has been very useful in this specific research as there
are only a few months to submit the final research. However, as with any other
research approach, this methodological approach also has a drawback. The
drawback of this approach that concerns this study is that many legislation and case
law are used and therefore the legal terminology may be too complex to be
understood by the general public.6 Considering both the advantages and
disadvantages of this approach, it is chosen for this particular research as the
disadvantages are easily dealt with by simplifying complex terminology whilst the
advantages ensure that the best solution is proposed for the current issues.
Socio-Legal Research
While doctrinal research proves to be a good research method for this study, it is
challenged by socio-legal research when considering the social problems linked to
legal issues. The socio-legal research presents a more detailed and better
understanding of how legal decisions, practices and doctrines work together in order
to establish the reality of law in action. 7 It is known to draw upon the law in action
which means that it focuses on the role of law in society.
P. Thomas, who significantly influenced the field of socio-legal research has pointed
out that law is a part of wider social and political structure and therefore it can only
be studied in that context.8 This highlights that the socio-legal approach plays a huge
4
Terry Hutchinson and Nigel Duncan, 'Defining and Describing What We Do: Doctrinal Legal Research' [2012]
17 Deakin Law Review <10.21153/dlr2012vol17no1art70> accessed 18 November 2023.
5
Chunuram Soren, ‘Legal Research Methodology: An Overview’ [2021] 8(10) Journal of emerging technologies
and innovative research
<https://www.researchgate.net/publication/355523510_LEGAL_RESEARCH_METHODOLOGY_AN_OVERVIEW>
accessed 19 November 2023.
6
Ibid.
7
Reza Banakar, ‘Studying Cases Empirically: A Sociological Method for Studying Discrimination Cases in
Sweden’ in R Banakar and M Travers (eds), Theory and Method in Socio-Legal Research (Hart Publishing 2005)
139.
8
Philip A. Thomas, ‘Curriculum Development in Legal Studies’ (1986) 20 Law Teacher 112.
SUPERVISOR: ELINA KONSTANTINIDOU
DISSERTATION
The Injustices and Failures of the Home Office- In
Light of Recent Asylum Laws and Policies
Name: Kainat Majid
Student ID: 12682108
Word Count: 5,023
Date of submission: 11th March 2024
,Introduction
According to the UNHCR 2016 report, globally, one in every 113 people is now either
an asylum seeker, internally displaced or a refugee. 1 It is highlighted in one of the
articles that nearly 34,000 people are displaced every day as a result of war, conflict
or persecution.2 This number has been the highest since the 2nd World War3
therefore there is a pressing need to understand their current situation, issues and
how their experiences can be improved.
The research will critically analyse old and new legislation and their impact on
society in order to reach a conclusion about how the situation can be improved. In
addition, the published literature review will also be analysed to understand the
experiences of the claimants. Hence, the outcome of this study will have implications
about how the Secretary of the State can evolve to decrease the number of
challenges faced by immigrants and those seeking asylum in the UK.
The UK asylum system is in crisis due to many major challenges such as Brexit,
COVID-19 and wars in other countries causing an increase in the number of people
seeking asylum in the UK. This has resulted in the UK government introducing new
policies and changes in legislation such as the Rwanda Bill in order to deter
migration. This study will explore some major asylum laws, recent changes in those
laws, the challenges that the immigrants and asylum seekers have been facing due
to these changes and how it is becoming worse over time. This piece will specifically
focus on the role the Home Office plays in making the process worse.
Some case laws are also explored that show how the Home Office has failed to
show empathy towards immigrants and asylum seekers. Consequently,
recommendations are made to the Home Office which can amend the UK asylum
system improving the experiences of those seeking asylum in the UK after the
trauma of persecution they have faced in their home countries.
It is also important to note that this research is very significant as the issue of
changing asylum laws is an ongoing issue which needs to be addressed to fill the
gap in the existing literature.
Methodology
Doctrinal Research
1
UNHCR, “Supporting UNHCR's work” (UNHCR, 2016) available at: https://reporting.unhcr.org/global-report-
2016 p 175, accessed on 25 Feburary 2024.
2
Sofie Bäärnhielm and others, ‘Mental Health for Refugees, Asylum Seekers and Displaced Persons: A Call for a
Humanitarian Agenda’ (2017) 54 Transcultural Psychiatry 565.
3
UNHCR, “Supporting UNHCR's work” (UNHCR, 2016) available at: https://reporting.unhcr.org/global-report-
2016 p 175 accessed on 25 February 2024.
, This research employs two methodological approaches to analyse the current
legislation and case law: doctrinal and socio-legal methodology.
Doctrinal approach is used in order to explore the relationship between the rules and
analyse their impact on asylum seekers.4 The study looks at both primary sources
such as case law, legislation and bills and secondary sources like journal articles,
textbooks, and news articles. The current laws and policies are explored in detail to
determine how the asylum system in the UK can be improved. Due to ethical
concerns, primary data cannot be collected for this research however existing
research and literature will be critically analysed to ensure that different opinions and
suggestions are taken into consideration to reach a useful conclusion.
This approach is particularly chosen for its numerous advantages. It has been used
by judges and lawyers due to its effectiveness. One of the advantages of using this
approach is that it can supply the tools needed to make a conclusion in a short
period of time.5 This approach has been very useful in this specific research as there
are only a few months to submit the final research. However, as with any other
research approach, this methodological approach also has a drawback. The
drawback of this approach that concerns this study is that many legislation and case
law are used and therefore the legal terminology may be too complex to be
understood by the general public.6 Considering both the advantages and
disadvantages of this approach, it is chosen for this particular research as the
disadvantages are easily dealt with by simplifying complex terminology whilst the
advantages ensure that the best solution is proposed for the current issues.
Socio-Legal Research
While doctrinal research proves to be a good research method for this study, it is
challenged by socio-legal research when considering the social problems linked to
legal issues. The socio-legal research presents a more detailed and better
understanding of how legal decisions, practices and doctrines work together in order
to establish the reality of law in action. 7 It is known to draw upon the law in action
which means that it focuses on the role of law in society.
P. Thomas, who significantly influenced the field of socio-legal research has pointed
out that law is a part of wider social and political structure and therefore it can only
be studied in that context.8 This highlights that the socio-legal approach plays a huge
4
Terry Hutchinson and Nigel Duncan, 'Defining and Describing What We Do: Doctrinal Legal Research' [2012]
17 Deakin Law Review <10.21153/dlr2012vol17no1art70> accessed 18 November 2023.
5
Chunuram Soren, ‘Legal Research Methodology: An Overview’ [2021] 8(10) Journal of emerging technologies
and innovative research
<https://www.researchgate.net/publication/355523510_LEGAL_RESEARCH_METHODOLOGY_AN_OVERVIEW>
accessed 19 November 2023.
6
Ibid.
7
Reza Banakar, ‘Studying Cases Empirically: A Sociological Method for Studying Discrimination Cases in
Sweden’ in R Banakar and M Travers (eds), Theory and Method in Socio-Legal Research (Hart Publishing 2005)
139.
8
Philip A. Thomas, ‘Curriculum Development in Legal Studies’ (1986) 20 Law Teacher 112.
