Law and Society: Discrimination Faced by Asylum Seekers

This report examines the discrimination faced by asylum seekers in society, along with the legislation and case laws that protect their rights. It discusses the areas of discrimination, such as racial discrimination, and highlights the Equality Act, 2010 and the Human Rights Act, 1998 as important legislations. The case laws of R (on the application of EM (Eritrea)) v. Secretary of State for the Home Department [2014] and I.A. v. Secretary of State for the Home Department (IA Judgment) [2014] are also discussed.

Law Society
And Controversy

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Issue and area of discrimination in the social group..............................................................3
Legislation..............................................................................................................................4
Case Law................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERNCES...................................................................................................................................7

INTRODUCTION
The law and society is based on the belief that the rules and decisions must be in accordance
with the society. The relationship devise a phrase ‘the effects of law affects the society’. The
mutual relationship exists between law and society. For society law act as guidelines in
accordance with the changing environment. The absence of law may led too many conflicts in
the society. The rules help the society to lead progress and development. Thus, law helps in
shaping the society (Edge and Harvey, 2017).
Discrimination is rampant and it means treating people worse just because of their belonging
to social salient groups. It includes groups based on gender, race, ethnicity, age asylum seekers,
refugees, disability and others. The discrimination is further bifurcated as Direct and Indirect and
causes the discriminatory effect with and without intent. Thus, the report examines the social
group Asylum Seekers and their area of discrimination accompanied by effective legislation and
case laws.
MAIN BODY
Issue and area of discrimination in the social group
Throughout the world asylum seeker and other social groups faces the racial discrimination,
racist attacks and ethnic intolerance. Over the past decades tremendous number of asylum
seekers and refugees faced hostile welcome. An asylum seeker is a part of social group and refer
to someone who is seeking international protection but their status as refugees has not yet
determined. The report spotlight the area of discrimination faced by the asylum seekers. Mostly
they face racial discrimination because of such disparity the asylum seeker in United Kingdom
conceal their identity in order to avoid racist attacks. It is found that the people seeking asylum in
UK are not disclosing the true identity in public places and further triggered by political
discourse (Buzan and Schouenborg, 2018). The asylum seeker are adopting strategies such as
self-censorship to avoid being discriminates. These social group are not choosing not to disclose
their identity and thus not able to engage with the process of finding protection themselves.
Racial discrimination is triggered in such manner that these social groups are taking
defensive measures. Most of asylum seekers are from the conflicting countries. This is because
their experiences includes violence, assaults on their social, economic and cultural institution.
Whereas some asylum seekers are highly skilled and used to have high standards of living in

their country of origin. Many are removed from the Britain because of disparity and sent them in
the areas where the refugees have little experience of working. The term economic migrant has
become an abuse in the United Kingdom. In the modern era of global capitalisation, there seem
no surprise as people follow free moment in search of work. The social group is affected by the
many incidents including massacres, unlawful detention, assault, disappearances of family and
friends. These drastic experiences led to the traumatising effect accompanied by physical and
mental damages. Further the face challenges like finding employment, community attitudes,
affordable housing and others.
Legislation
EQUALITY ACT, 2010
This act discourages the discriminatory practices against the social groups and promotes
equal opportunity in the society. The Britain act protects the individual or social groups from
unfair and unlawful practices. The Equality Act, 2010 defines the term ‘race’ as nationality,
ethnicity, colour or national origins. It purpose is to help Micro & Refugee Community
Organisation (MRCOs) and fulfil the needs and wants of the refugees and asylum seekers under
the Equality Act, 2010 (Tschalaer, 2017). MRCOs provides valuable support and services to the
asylum seekers, migrants and refugees. The asylum seekers are the people who are forced to
leave their own country and seek shelter in United Kingdom. Further they face discrimination
and challenges because they are left with no choice to leave the country and fly back to their
country of origin. The Equality Act, 2010 protects these social groups and imposes duties that
apply to the racial groups and ethnic minorities. The different types of discrimination in
accordance with the act are as follows:-
 Direct Discrimination: It is defined under section 13 (1) as outcome of being treated
unfairly and impartially as compared to others in the similar circumstances because of the
race factor.
 Indirect Discrimination: Section 19 of act states that it occurs when the rules are
applicable to everyone but led someone with an unfair advantage.
 Harassment: This causes a situation where individual or groups are been offended or
degraded in the society.
 Victimisation: This led when an individual is treated badly just because a complaint is
lodged in respect of racial discrimination under the section of the Equality Act, 2010.

The racial discrimination of asylum seeker led to the violation of rights under this act.
This act of discrimination is not acceptable and is contrary to law (Colomo, 2018). Thus, such
discrimination done on the basis physical attributes is not justified under the eyes of law.
THE HUMAN RIGHTS ACT, 1998
The act came into effect in the UK on 2nd October, 2000. Most of the rights in the
European Convention on Human Rights (ECHR) are directly enforceable in the UK. Article 3 of
ECHR prohibits asylum seeker in respect of torture and inhumane treatment. The article prevents
them to face a risk of discrimination accompanied by ill and inhumane treatment. Further assist
asylum seeker in respect of disparity. It helps the asylum seeker to protect against unlawful
detention by the police. Increase in this stop and search of these social groups or communities,
led to trust issues in public against the British police. Further the article 8 ensures the right to
private and family life. So far the application of right is limited in case of asylum seeker. These
are important rights and practices which are to be adhered in the United Kingdom. Also should
strengthen the human rights available in protection of refugees and asylum seekers. The human
rights place authorities, the obligations to treat social groups with equality, dignity and respect.
In UK, human rights along with the Refugee Convention, 1951 aims to provide extra protection
for asylum seekers. These social group generally wait for the government to make decision on
the application submitted by them in response to the ill or inhumane treatment. Thus, the human
rights are relevant for the asylum seekers even if they claim under the Refugee Convention fails
(Czajkowski, 2017).
Case Law
R (on the application of EM (Eritrea)) v. Secretary of State for the Home Department
[2014]
The case highlights the standards in respect of instruments providing protection for
refugees. In the case there are four appellants out of which three are Eritreans and one is Iranian
national who came to UK via Italy. As the first state they claim asylum in Italy under EU
regulation. The appellants claimed to be at risk of ill and inhumane treatment in Italy and further
threat and unable to get appropriate psychological treatment. The Home Secretary unfounded the
claims on the basis that the Italy has not breached the international obligations. The Court of
Appeal held that under the European Convention there was no systemic breach of obligations.
Later the Supreme Court allowed the appeal of asylum seekers and overturned the decision of

Court of Appeal. On the facts that there would be possibility of ill treatment in violation of the
European Convention. Thus, the court held that returning asylum seeker to the country they first
claimed is prohibited if the person transfer will suffer such ill or inhumane treatment.
I.A. v. Secretary of State for the Home Department (IA Judgment) [2014]
The appellant, an Iranian referred claimed to fear the risk of ill treatment if returned back
to Iran because of its work with Kurdistan Democratic Party of Iran (KDPI). UN High
Commissioner for Refugees (UNHCR) recognized him twice as a refugee. The appellant in
around 2006 traveled and applied again for the concern application in UK. The Home Secretary
rejected the application applied by the appellant on the grounds of his credibility. The appeal was
made in response to decision held by an immigration judge. The appellant appealed to the Extra
Division of the Court of Session on the grounds that tribunal decision failed to give any weight
to the decision of the UNHCR to grant refugee status. The UK is also the party to this convention
which defines refugees, their rights and legal obligations of states toward them (Fassin, 2018).
CONCLUSION
From above report it is concluded that such discrimination plays a deterrent role in the
society. It creates negative environment and legislation need to be formulated in order to aid
legal help to these social groups. The aim of the legislation must to eliminate the areas of
discrimination these groups faces in their daily lives. The effect not only creates humiliation or
harassment in the minds of young but also adversely affects the children. These led to trust issues
between social groups and in the legal system. The above report discussed the areas of
discrimination faced by the asylum seekers. Further the report specifies the pieces of legislation
favouring to eliminate discrimination along with the case laws.

REFERNCES
Books and Journals
Edge, P.W. and Harvey, G., 2017. Law and Religion in Contemporary Society: communities,
individualism and the state. Routledge.
Buzan, B. and Schouenborg, L., 2018. Global International Society: A New Framework for
Analysis. Cambridge University Press.
Tschalaer, M.H., 2017. Muslim women's quest for justice: gender, law and activism in India.
Cambridge University Press.
Colomo, P.I., 2018. The Shaping of EU Competition Law. Cambridge University Press.
Czajkowski, K., 2017. Localized Law: The Babatha and Salome Komaise Archives. Oxford
University Press.
Fassin, D., 2018. Refugees, Anthropology, and Law. The International Encyclopedia of
Anthropology. pp.1-10.