Introduction
This essay critically evaluates how contemporary state practices are reshaping international refugee law, focusing on specific asylum policies adopted between 2020 and 2025 in the United Kingdom (UK) and the European Union (EU). It examines the legality of these measures under the 1951 Refugee Convention, assesses their justification from a state sovereignty and border-control perspective, and explores their practical implications for refugee protection in Jordan, a key host state in the Global South. By engaging with legal texts, policy documents, and academic commentary, this analysis aims to highlight the tensions between state interests and international obligations.
UK’s Nationality and Borders Act 2022
The UK’s Nationality and Borders Act 2022 represents a significant shift in asylum policy, introducing stricter measures for refugee processing. Notably, it establishes a two-tier system, differentiating between asylum seekers based on their mode of entry. Those entering irregularly, often via the English Channel, may face penalties, including reduced rights and potential relocation to third countries like Rwanda under a controversial agreement (UK Parliament, 2022). Under the 1951 Refugee Convention, particularly Article 31, refugees must not be penalised for illegal entry if they present themselves without delay. Arguably, this policy risks breaching this principle by imposing punitive measures based on entry mode. From a sovereignty perspective, the UK government justifies this as a deterrent to irregular migration, asserting control over national borders (Home Office, 2022). However, critics argue this undermines the spirit of refugee protection by prioritising deterrence over humanitarian obligations (Goodwin-Gill, 2022).
EU’s New Pact on Migration and Asylum
Similarly, the EU’s New Pact on Migration and Asylum, proposed in 2020 and progressing towards adoption by 2025, seeks to streamline asylum procedures through mandatory border screenings and accelerated returns for those deemed ineligible (European Commission, 2020). While intended to balance solidarity among member states, this approach raises legality concerns under the 1951 Convention, particularly Article 33, which prohibits refoulement (non-return to persecution). Accelerated processes may limit access to fair hearings, potentially leading to wrongful returns (Hathaway, 2021). From a border-control standpoint, the EU defends the Pact as essential for managing irregular migration and reducing secondary movements within the bloc. Yet, the emphasis on efficiency risks compromising individual rights, revealing a tension between state security and refugee protection.
Implications for Refugee Protection in Jordan
The practical impact of such policies extends beyond Western states, affecting host countries in the Global South like Jordan, which hosts over 670,000 Syrian refugees (UNHCR, 2023). Stricter Western policies often result in reduced resettlement quotas, increasing pressure on countries near conflict zones. Jordan, already resource-constrained, struggles with overcrowded camps and limited funding, exacerbated when developed states limit asylum pathways (Betts and Collier, 2017). Furthermore, policies like the UK’s Rwanda plan signal a trend of externalisation, potentially encouraging other states to offload responsibilities, thus undermining global refugee burden-sharing.
Conclusion
In conclusion, contemporary state practices, exemplified by the UK’s Nationality and Borders Act 2022 and the EU’s New Pact on Migration and Asylum, are reshaping international refugee law by prioritising border control over humanitarian obligations. While justifiable from a sovereignty perspective, these measures often conflict with the 1951 Refugee Convention, risking breaches of non-penalisation and non-refoulement principles. Their ripple effects burden Global South states like Jordan, highlighting the need for balanced approaches that uphold international commitments while addressing state concerns. Indeed, without renewed focus on solidarity, the global refugee protection system faces significant erosion.
References
- Betts, A. and Collier, P. (2017) Refuge: Transforming a Broken Refugee System. Penguin Books.
- European Commission (2020) New Pact on Migration and Asylum. European Commission.
- Goodwin-Gill, G. S. (2022) The Refugee in International Law. 4th edn. Oxford University Press.
- Hathaway, J. C. (2021) The Rights of Refugees under International Law. 2nd edn. Cambridge University Press.
- Home Office (2022) Nationality and Borders Bill: Factsheet. UK Government.
- UK Parliament (2022) Nationality and Borders Act 2022. UK Legislation.
- UNHCR (2023) Jordan: Refugee Statistics. United Nations High Commissioner for Refugees.
