Asylum, Criminality and Terrorism

The connection between refugees, asylum seekers and alleged criminality has been heightened in public and political consciousness in recent decades. Attention has focused on the figure of the asylum seeker in the context of the global ‘War on Terror’, as language connecting asylum seekers and refugees with the threat posed by international terrorism has become increasingly entrenched in international and political rhetoric. Attention too has focused on the potential impunity of genocidaires and war criminals under the guise of asylum. More broadly, the arrival of large numbers of asylum seekers has often been presented as a security concern, linked with criminal activities such as human smuggling and trafficking.

This research project examines the intersection of asylum, criminality and the national security concerns of States. This manifests most starkly in exclusion from refugee protection on grounds of suspected serious criminality, and the expansive interpretations of such provisions with reference to concepts such as ‘terrorism’ and national security. Also explored are the ways in which State responses to asylum have increasingly taken a criminal enforcement approach, as we see increasing militarisation of borders, criminal sanctions imposed on those seeking asylum and the use of measures akin to those employed in the criminal context, such as detention and security tagging, to limit the freedoms of those seeking international protection.

Key publications and other outputs

• S. Singer, ‘Addressing security and criminality concerns: the Temporary Protection Directive’s ‘exclusion clauses’ unpacked’ (2022) ASILE Project Forum
• S. Singer, ‘How much of a Lesbian are you? Experiences of LGBT asylum seekers in immigration detention in the UK’ in R. Mole (ed), Queer Migration and Asylum in Europe (UCL Press, 2021), 238-276
• S. Singer, ‘Refugee Law and the War on Terror’ in S. Juss (ed) Research Handbook on International Refugee Law (Edward Elgar Publishing, 2019).
• S. Singer, ‘Are they still refugees? Exclusion from refugee status on national security grounds. Joined Cases C-391/16, C-77/17 and C-78/17 M 14 May 2019’ (2019) Immigration Law Practitioners' Association (ILPA) European Update, September 2019, 15-18
• S. Singer, ‘‘Desert Island’ Detention: Detainees’ Understandings of ‘Law’ in the UK’s Immigration Detention System’ (2019) 38(1) Refugee Survey Quarterly 1
• S. Singer ‘National Security, Criminality and Exclusion from Refugee Protection under the EU Qualification Directive: Expanding the Grounds of Exclusion by the Back Door’ (2018) 32(3) Journal of Immigration, Asylum and Nationality Law 284
• JC. Simeon and S. Singer, ‘Armed Conflict, Terrorism, and Asylum: Global Solutions for Global Problems?’ RLI Blog on Refugee Law and Forced Migration (2017) https://rli.blogs.sas.ac.uk/2017/11/01/armed-conflict-terrorism-and-asylum-global-solutions-for-global-problems/
• S. Singer, Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality (Brill; Martinus Nijhoff, 2015)
• S. Singer, ‘Terrorism and Article 1F(c) of the Refugee Convention: Exclusion from refugee status in the United Kingdom’ (2014) 12(5) Journal of International Criminal Justice 1075.
• S. Singer, ‘Exclusion from Refugee Status: asylum seekers and terrorism in the UK’ (2012) 1 Centre for Criminal Justice and Human Rights Working Papers Series 1-15
• S. Singer, ‘Exclusion from Refugee Status and Terrorist-related Offences: the case of AH (Algeria)’ (2012) 26(4) Journal of Immigration, Asylum and Nationality Law 337-348 

Key institutional activities

• RLI, 1-day Workshop on ‘Terrorism and Asylum’ (2017) convened with visiting fellow James Simeon
• Contributed to European Asylum Support Office (EASO) Judicial Guidelines ‘Exclusion: Articles 12 and 17 Qualification Directive (2011/95/EU): A Judicial Analysis’ (2016)
• Practitioner engagement: research presentation to senior immigration judges of the First-tier and Upper Tribunal, Immigration and Asylum Chamber, (London, 2014).
• RLI/CRS, video-linked seminar series on ‘The Challenge of Change: Confronting Asylum Law and Practice in the UK and Canada’ (2012) convened jointly with Centre for Refugee Studies, York University, Canada