Comparative Study of Asylum System in UK and Canada

This report provides a comparative study of the asylum system in the United Kingdom and Canada. It includes the historical background, application process, benefits, laws and policies of asylum in both countries. The report also discusses the eligibility criteria for claiming asylum and the various services provided to asylum seekers in both countries.

MASTER IN
SOCIAL
WORK

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Historical background about the asylum system of both countries UK and Canada.............1
Asylum application process....................................................................................................4
Various types of benefits that asylum seekers will receive....................................................5
Laws and policies of asylum in UK.......................................................................................5
Ratio comparison....................................................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Asylum refers to a form of protection that effectively allows an individual to remain within-
country instead of getting removed (deported) to any other country where they may fear
persecution or harm. Asylum includes the protection, place of safety, or rest. It also includes the
place where individuals may get a mental condition that can enable them to live quality of life.
For example, any hospital for an individual with mentally ill also refers to an asylum. In this,
there is a discussion about a comparative study about Asylum seekers (Sirriyeh and Raghallaigh,
2018). Every country has its asylum system which is included in the delivery of getting. In this
report, there is a discussion about the United Kingdom and Canada. This report also includes the
historical background of the asylum system of both countries. There is also discussion about the
comparison of the asylum system which may include all the present data, application process,
different benefits which asylum seekers can receive, ratio comparison, laws and policies, and
many more.
MAIN BODY
Historical background about the asylum system of both countries UK and Canada
UK history
After World War 2 millions of people get displaced from Europe and the rest of the
world. It become apparent that international agreements are needed to govern the treatment of
Refugees in Europe. There were about 147 countries that signed the refugee convention along
with the 1967 protocol that was extended the conventions remit to the rest of the world. Here,
Refugee Council's work is to take care wherein 1951, the Refugee convention was right to claim
Asylum was an international human right and Refugee Council have the belief that any
individual who comes to the United Kingdom can seek protection and be treated equally with
others within society. In today's time, Refugee Council has a charity working with asylum and
Refugees within the UK which provides a wide range of services for refugees and Asylum
seekers. It also ensures that they seek and find protection and provided very supportive unity
which can help to review their life with dignity and safety (Brown, 2022).
From 1950 to 1960, the person who was well-founded fear for the reason of religion,
membership of the particular social group, race, nationality for political opinion, avail
themselves the protection of the country in the UK. There was a charity that was merged to
1

become Refugee Council. Here, the British Council for standing conference of Refugees
(SCOR). In 1970, a spontaneous Asylum begin to eclipse the former resettlement program which
was the most common form of entry within the United Kingdom for people who are feeling
persecution. In 1981, BCAR and SOUR merged to form British Refugee Council. it was the first
of the famous Kinder transport which became chief executive. In 1988, in this during two months
in 1989, there were more than 3000 Kurds came to Asylum. There was the issue of removal and
detention of particular people had a considerable impact on the Refugee Council decision which
was their advocacy work and they support the Refugee community to enable them for receiving
refugees.
In 1990, there was the origin of claiming Asylum which was world events triggered the largest
population moments. In this, several people get Asylum from around the world which was
included as a particular resettlement program for emerging deal with prices in the Balkans.
In 2000, there is a response to a government proposal to disperse Asylum seekers
nationally which refer to three new one-step services which become a National Organisation in
several regions across the UK. The work with partner agency which can help to establish better
coordination and support arrangements for the Asylum seekers nationally. In 2004, the Gateway
Protection Program started in March of 2004, it was an extension of existing schemes which was
operating around the world. In 2005, the home secretary announced about the US copying of
watches system for The Asylum seeker after camping run by Refugee Council and their
supporters.
After 2010, it has been observed that there is an increase in the number of displaced
people across the world which create a large number of Refugees after the second world war.
Here, conflict in Syria began in 2001, where are more than about 5 million people needed to go
away for a search of safety. This ongoing conflict includes Human Rights abuses which increase
the population of refugees. In 2001, there is the 16th anniversary of the UN convention on
Refugees along with the refugee Council. In this, they launch a proud to protect Refugee
campaign which secures more than 10,000 signatures and in 2015, Refugee Council provide help
to refugees from Syria.
In the Year 2014 to 2017, a search report highlighted the experiences of newly
recognized Refugees over experience, destitution, and homelessness as Asylum support payment
and accommodation that there cut off after 28 days (Mulé, 2020). In 2016, Refugee Council
2

work with the law to result in a policy of judging for children seeking Asylum based on
appearance and lawful by the High Court.
Canada History
In 1781, a military unit loyal to the Crown settled the sum of the first loyalist Refugee
from the United kingdom while are in 1783, they safely transported 35,000 loyalist Refugee to
Nova scotia from New York. In 1789, the first lower list who were loyal to the Crown have led
the operation of the American Revolution to settle in Quebec and Nova scotia. In 1793, over 19
century, thousands of black slaves escaped from the United kingdom and get to Canada with the
aid of the underground railroad which was known as the Christian anti-slavery network
(Adeyanju et. al., 2022). In the late 1700s, refuses highland clearances and settled in Canada. In
1830, police Refugees of Canada find the escape Russian operation which was marked the first
significant mass migration in Northern Poland.
From 1882 to 1914 Italians is kept the refugees of Italy's unification and were driven off
to the result of new Italian state reforms. In 1891, there was a large number of migrants which
include 1700 Ukrainians operating from marking the first wave of Refugees in Canada. From
1922 to 1930 was the second wave of Ukrainian hopefully from Communism and civil war along
with Soviet occupation (Morris et. al., 2021). Between 1947 and 1952, there were about 25000
people from Eastern Europe and Central came to Canada who were victims of national socialism
and communism. In 1950, Canada has admitted Palestinian Arabs who drive from their
Homeland by the Israeli Arab war of 1948. In 1969, Canada has signed the United Nations
convention that was related to the status of refugees and their protocol. It was the agreement that
an individual should not return a person to their country of origin when an individual has the fear
of persecution. In 1978, coming to enforce of immigration in 1976 which recognizes refuses
immigrants with distinct classes were also allowed as Canadian citizens.
In 1989, the immigration and Refugee Board of Canada along with new the future
determinations system begin work. During 1990, Asylum seekers came to Canada from all over
the world, especially from Eastern Europe, Latin America, and Africa. In 2004, Canada was the
third safe country that has an agreement with the United Kingdom to establish for sharing
responsibility to processing claims for Refugee from National of third countries (Sturrock et. al.,
2021). In 2008, Canada started the process of recycling which includes more than 50010 refuse
over 5 years. In 2010, refuses from more than 140 countries were resettled to be granted Asylum
3

in Canada. In 2012, the Asylum determination system get balanced through the Refugee Reform
Act which can help to protect Canada's Immigration system and include the implementation of
the refusal appeal division at the refugee Board of Canada.
In 2015, about 6600 refugees arrived in Canada who completed a 7-year commitment and
were welcome more than 23,000 Iraq refugees in Canada and resetting 25000 refuses with
commitment. In 2017 (Kronick et. al., 2018), Canada announces a historical increase in the
multi-year settled Refugee admission target which was with her new commitment for recycling
Refugees from the Middle East and Africa. In 2018. Canada resettle over 1300 survivors in 2017.
Asylum application process
The UK Asylum system has strict control and is complex. In this, it is difficult for the
individual to seek Asylum for providing the evidence required to be granted protection. In this,
the decision-making process is highly tough where people's claims are rejected in the United
Kingdom. There is some eligibility for applying for Asylum which may include different
circumstances and materials which can affect silent eligibility (Giametta, 2020)(Xu, 2021). Here,
the Asylum process needs to apply for Asylum which can be completed by fulfilling the
application for Asylum and withholding of removal in the United Kingdom Asylum. Everyone is
eligible to apply for Asylum regardless of immigration status. Any individual who even has been
convicted of a crime can apply for Asylum which can depend on the seriousness of the crime. In
this, there is a need to disclose the criminal history on the form where an application for Asylum
interview needs to be disclosed. UK asylum system is highly straight which provides the
evidence required to granted protection. It includes the decision-making process which can be
rejected. In current 2005, there most people who recognize as Refugee has been permitted to stay
within the UK for 5 years. This creates difficulty for the people to make their decision regarding
future to find work and definite plan for their for the life.
The asylum process includes approximately 24 months for refusing a claim along with 12
months for Refugee appears. There are about two different ways to make an Asylum claim in
Canada. This may include immigration citizenship and Refugee of Canada and another one is the
official port of entry (Taylor, 2019). These both are eligible for making an Asylum claim. In this,
there is a need to have a valid Canadian Visa or work permit, or study permit. They should also
have close family members who are living in Canada and a stateless person should have usually
resident in the USA.
4

Various types of benefits that asylum seekers will receive
There is various type of benefits that Asylum seekers will receive within Canada. This is
the one in which an individual can be determined as eligible for claiming in Canada. This may
include education, social assistance, emergency housing, health services, and legal aid in the
decision. There are a large number of individuals who are found to be eligible for making a
refusing claim which can enable them to apply for a work permit once they go through a medical
examination. There are various types of services which include health services that are generally
funded by the government of Canada which can help to support the responsibility of terrorism
and the provinces. They also provide funding through Canada social transfer which can enable
them to transfer support of post-Secondary Education, social assistance programs for children,
and other social programs (McKelvey et. al., 2019). This can help to provide equal per capita
bases to the provinces for annual population estimation.
There are various services provided for asylum-seekers in the United Kingdom. This may
include food, clothing, and necessary supplies along with households. They are the ones who can
access Federal ministry benefits like temporary assistance for needy families, cash assistance
through supplementary, income Health Insurance through Medicaid, supplemental nutrition
assistance programs (Yanar et. al., 2018). They may also get various benefits which can include
income support, pension credit, housing benefit, income-based alliance, attendance alliance,
careers alliance, personal Independence payment, and income-related employment or support
allowance.
Laws and policies of asylum in the UK
In the context of the United Kingdom, if the people or population used to stay in the United
Kingdom as a refuge then there are some of the eligibilities that are used to follow in staying in
the UK. To stay in the UK as a refugee there is no scope to live safely in the part of the country
because of the fear of persecution there (Alberto and Chilton, 2019). This persecution is usually
occurring due to some of the aspects which include race, religion, nationality, political opinion,
or anything which shows the presence in terms of risk because of the various factor that includes
social, cultural, and religious context with the political situation towards the country. For
instance, gender, gender identification, or sexual orientation is the major plot used to show the
policies which are helpful to configure with the asylum within the UK. In this, while claiming
the law which is based on the UK are being considered but if some of the things which is not
5

taken into the consideration then the refusal from the staying within the UK is being adopted
(Balliet, 2020).
The claim which is not considered in some of the individual instances is from a European
Union country, in this, they traveled towards the United Kingdom through the aspect of a safe
third country. In this, they have the connection in order to put the safe environment which has
factor to claim the asylum (Mayblin and James, 2019). In addition, the safe third country is one
that the individual is not a citizen or they have usually harm in. In addition, they do not send to
another country where the people are getting harmed. In terms of inclusion of family member,
the partner and the children under 18 as dependent in the application are being approved in the
application then the UK government predominantly provide the reason to stay for the long within
the UK. Additionally, the children under and individual partner also make their application at the
same time but perhaps they will not have treated in the UK as a dependant (Comte and Lavenex,
2021).
With the context with Canada, the immigration and refugee protection act is usually
requiring with the viewpoint of every person to enter Canada that they must go through the
examination process that helps to port the individual for the entry. Whether, the person used to
get the right to enter Canada or they may become authorized individuals who have passed the
process and taking entry towards examination (Thomas et. al., 2018). The Canadian border
service agency and the Royal Canadian police usually play a vital role in providing safeguarding
to the border, deterring and intercepting the activities of entry, and keeping the Canadian people
safe and well protected. The CBSA and RCMP also play important in making the proper
communication with the domestic and international partner that they work together to intercept
the individual who is entering n Canada with the irregular ways (Cowles and Griggs, 2019). The
RCMP is usually responsible for the border security in the port with the context to entry.
Whereas, the CBSA is usually responsible to outline the necessary border protection and play a
role within the port entry and inland. In this, some of the processes outline the process that is
based on making the refugee claim in the context of Canada. The process usually includes
making the refugee claim in Canada, waiting for the decision which is taken by the Canadian
government with the negative and positive ways, in this, the term of taking the decision which is
based on the refugee claim such as they access the entry and also denied the approval for staying
6

in Canada (Tomkow and et. al., 2020). In addition, the other implemented policies are also taken
into account that is a safe third country agreement (Goronja, 2020).
All the process above requires proper eligibility and filling the application which may
important to the entry system. The application which is submitted by refugees are reviewed and
scanned and after that, the response is measured that show the context of entry of denial. The
major understanding which is must understand that is a safe third country agreement which is
signed between the Canada and United kingdom in 2004. In addition, it requires the refugee
which may seek to show the protection in the first safe country that shows the importance
towards the factor which may arrive (Chase, 2020). The agreement also helps to apply in making
the asylum claim with the laws and policies. It does not apply for those who are visitors from the
United Kingdom from the sea, between the port of entry, or an inland port which may be
considered an airport (Dustin and Held, 2018).
The agreement which stands between Canada and the United kingdom which premised on
the set of principles which is accepted by the United Nation refugee agency shows the aspect of
the individual should show the seek asylum in the first country they arrive in the united kingdom
with the compliance with the treat that is showing the phenomenal obligation that is overseen by
the independent judiciary (Haas and Shuman, 2019). Moreover, the safe third country agreement
also provides the essential technique which is related with Canada and the United Kingdom in
order to work together on the elderly which handling for the refugee that they claim that made
behalf of countries. In addition, the immigration and the refugee protection Act require which is
based on the continual review of all the countries designated as the safe third countries which
help ensure that provide the condition that shows the led to the designation as the safe third
country that is persistent towards the meeting of protocol (Eagly, Shafer and Whalley, 2018).
Ratio comparison
The percentage of applicant refugees at initial bases and which can include reaching the
highest point at 88% within 2004. This percentage of applicant refugees is due to the initial
decision and fell up to 59% in 2014. It also drop to 48% in 2019 in the UK. As of 2021 Refugees
accounted for about 14.74 % of the permanent resident status holder within Canada (Brell et. al.,
2020).
7

CONCLUSION
As per the above discussion, it is analyzed that the United Kingdom and Canada have both
unique and balanced asylum systems for refugees. Various people are usually facing a wide
range of issues as a refugee in the United Kingdom and Canada. The asylum is defined as the
aspect of protection which is usually granted towards the foreign national already in the aspect
toward the United States or the arriving at the country border in order to meet the international
law definition which usually works as the refugee. In addition, the United National 1951
convention and the 1967 protocol that is designed in such a way that helps to provide the person
who is unable to show the aspect which is based on the unwillingness to his or her home country.
Overall, the part of the asylum system usually indicates some in-depth understanding that is
regulated within both countries which are selected for the report which is the United Kingdom
and Canada.
While taking the context of the United Kingdom, it is well analyzed that several people are
living in the United Kingdom as a refugee that usually applies for the Asylum that provides a
certification to stay within the UK as a refugee. There are various eligibility and registration are
used to be filled with the document that is helpful in order to provide the aspect that is relatable
as a validation to live within the UK. Over the Asylum in the UK, various norms and ethics are
usually followed with the proper laws and policies. The present data shows that approx. 11.5
percent and more people are living in the United Kingdom as a refugee. While taking the
comparative context with Canada, it is well known that various immigrants are also seeking
Asylum in Canada.
Moreover, the people are also used to following the registration and application process to
live or to stay within Canada. In addition, the Canadian government also provides the legal
structure for the people who usually apply as an immigrant or refugee to take a stay within
Canada. Moreover, in both countries, the staying probation within the countries as a term of a
refugee is only valid for five years. In addition, the people can seek Asylum on several grounds
such as persecution based on race, religion, class, gender, nationality, and political factors.
Additionally, people are usually more like to sleep and seek Asylum during times of war and
political upheaval. Moreover, such people who are living as a refugee face various difficulties
and challenges but they have some limited choice to seek Asylum that is beneficial to provide
relief from a journey that is full of challenges without the possibility of returning home. In
8

addition, the Canadian government also used to provide a home to the number of refugees. As
per this, the support mission with the donation is the international catholic migration commission
who is a non-profit organization who is delicately worked as a support worker for the number of
people who are living throughout the world. In this, the staff is usually helpful in order to provide
the Asylum-seeking process easier and prevent the further exploitation with the refugees that are
usually observed during various contexts.
The policies and laws of the UK for the consideration of asylum in the country follow some
of the steps which include that the individual must show their eligibility which is above
discussed. In addition, the document is also requiring which is beneficial for the supporting to
stay within an asylum. Moreover, the policies also provide some of the aspects which are related
to the claiming of asylum such as the process of screening of application, interview and then they
provide their decision that the individual is eligible to stay within the UK or not. Moreover, they
also recommended in order to provide help with their helpline number. Moreover, there are some
of the rules are followed within the context that provides the vision which is based on the
children who are below 18 years. The policies and laws that are initially followed to getting
registered or claiming asylum in the UK are mandatory.
Therefore, four types of exceptions are related to the safe third country agreement including
refugee claims who have a family member in Canada. In this, the solo minor the age below 18
years, the particular person holding the valid Canadian visa and those people who are usually
charged for the criminal or any type offense which are subjected for the death penalty or in the
third country. The agreement also used to provide the aspect which has usually entered in
Canada at the term of location that is not with the entry of port.
9

REFERENCES
Books and Journals
Adeyanju and et. al., 2022. Migration of Nigerians to Canada for higher education: Student visa
as a pathway to permanent residence. Journal of International Migration and
Integration, 23(1), pp.105-124.
Balliet, M., 2020. A Migration System in the Making: Institutional and Experiential Dynamics of
Refugees and Asylum-Seekers in Mexico.
Brell and et. al., 2020. The labor market integration of refugee migrants in high-income
countries. Journal of Economic Perspectives, 34(1), pp.94-121.
Brown, 2022. Educating in the context of ‘Dispersal’: rural schools and refugee-background
students. International Journal of Inclusive Education, pp.1-15.
Chase, E., 2020. Transitions, capabilities and wellbeing: How Afghan unaccompanied young
people experience becoming ‘adult’in the UK and beyond. Journal of Ethnic and Migration
Studies, 46(2), pp.439-456.
Comte, E. and Lavenex, S., 2021. EU Differentiation in Border, Asylum and Police Cooperation:
Drivers, Effectiveness and Crisis. EU IDEA Research Papers, (11).
Cowles, M. and Griggs, M., 2019. Considering boundaries when doing therapeutic work with
people who are seeking asylum: a reflective case study. British Journal of Guidance &
Counselling, 47(1), pp.50-64.
Dustin, M. and Held, N., 2018. In or out? A queer intersectional approach to ‘particular social
group’membership and credibility in SOGI asylum claims in Germany and the
UK. GenIUS–Rivista di studi giuridici sull’orientamento sessuale e l’identità di
genere, 2018(2), pp.74-87.
Eagly, I., Shafer, S. and Whalley, J., 2018. Detaining families: A study of asylum adjudication in
family detention. California Law Review, 106(3), pp.785-868.
Giametta, 2020. New asylum protection categories and elusive filtering devices: the case of
‘Queer asylum’in France and the UK. Journal of Ethnic and Migration Studies, 46(1),
pp.142-157.
Goronja, K., 2020. The Fractured Colossus: An Evaluation of Gender-Based Asylum Claims for
the 2020s. Wash. & Lee J. Civ. Rts. & Soc. Just., 27, p.317.
Haas, B.M. and Shuman, A., 2019. Technologies of suspicion and the ethics of obligation in
political asylum. Ohio University Press.
Kronick and et. al., 2018. “Do you want to help or go to war?”: Ethical challenges of critical
research in immigration detention in Canada. Journal of Social and Political
Psychology, 6(2), pp.644-660.
Mayblin, L. and James, P., 2019. Asylum and refugee support in the UK: civil society filling the
gaps? Journal of Ethnic and Migration Studies, 45(3), pp.375-394.
McKelvey and et. al., 2019. Artificial intelligence policy innovations at the Canadian federal
government. Canadian Journal of Communication, 44(2), pp.PP43-PP50.
Morris and et. al., 2021. Refugee Sponsorship and Family Reunification. Journal of Refugee
Studies, 34(1), pp.130-148.
Mulé, 2020. Safe haven questioned: Proof of identity over persecution of SOGIE asylum seekers
and refugee claimants in Canada. Journal of Immigrant & Refugee Studies, 18(2), pp.207-
223.Mulé, N.J., 2020. Safe haven questioned: Proof of identity over persecution of SOGIE
10

asylum seekers and refugee claimants in Canada. Journal of Immigrant & Refugee
Studies, 18(2), pp.207-223.
Sirriyeh, A. and Raghallaigh, M.N., 2018. Foster care, recognition and transitions to adulthood
for unaccompanied asylum-seeking young people in England and Ireland. Children and
Youth Services Review, 92, pp.89-97.
Sturrock and et. al., 2021. Antenatal care and perinatal outcomes of asylum seeking women and
their infants. Journal of Perinatal Medicine, 49(5), pp.619-623.
Taylor, 2019. Australia's diplomatic asylum initiative at the United Nations: comparing
international law rhetoric with foreign policy practice. Australian Journal of International
Affairs, 73(4), pp.376-396.
Thomas and et. al., 2018. Reduction in tuberculosis incidence in the UK from 2011 to 2015: a
population-based study. Thorax, 73(8), pp.769-775.
Tomkow and et. al., 2020. Healthcare access for asylum seekers and refugees in England: a
mixed methods study exploring service users’ and health care professionals’
awareness. European Journal of Public Health, 30(3), pp.527-532.
Xu, 2021. Constructing the refugee: Comparison between newspaper coverage of the Syrian
refugee crisis in Canada and the UK. Current Sociology, 69(5), pp.660-681.
Yanar and et. al., 2018. Occupational health and safety vulnerability of recent immigrants and
refugees. International journal of environmental research and public health, 15(9), p.2004.
Online
Claim asylum in the UK, 2021 [Online] Available through:
https://www.gov.uk/claim-asylum/eligibility
Claiming asylum in Canada – what happens? 2021 [Online] Available
through:https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/03/
claiming_asylum_incanadawhathappens.html
Asylum in the UK: the key numbers, 2021 [Online] Available through:
https://www.theguardian.com/uk-news/2021/nov/27/asylum-in-the-uk-the-key-
numbers#:~:text=The%20UK%20is%20home%20to,under%20the%20age%20of%2018.
Canada Refugee Statistics 1960-2022, 2022 [Online] Available through:
https://www.macrotrends.net/countries/CAN/canada/refugee-statistics
Asylum in the UK, 2021 [Online] Available through: https://www.unhcr.org/uk/asylum-in-the-
uk.html
11