DELAYS AND OTHER INEFFICIENCIES IN ASYLUM PROCESSING AND THE NEED FOR NORMATIVE INITIATIVES TO PREVENT ADVERSE EFFECTS ON THE BASIC RIGHTS OF THE REFUGEES
DELAYS AND OTHER INEFFICIENCIES IN ASYLUM PROCESSING AND THE NEED FOR NORMATIVE INITIATIVES TO PREVENT ADVERSE EFFECTS ON THE BASIC RIGHTS OF THE REFUGEES

Summary/Abstract: The right to seek asylum, despite being widely recognized as a fundamental human right invarious international, regional and national human rights regimes cannot be effectively securedunless inefficiencies in asylum processing are sufficiently reprimanded. The paper aims to identifydelays and other inefficiencies in asylum seeking and processing and examine the scope andlimitations of relevant normative order governing refugees and national asylum grantingmechanisms to determine how they seek to address any adverse impact. The paper demonstratesthat the essence of the right to seek asylum is often diluted by the failure to promote efficientprocessing of asylum applications in national jurisdictions and to provide sufficient safeguards tothe basic rights and interest of the asylum seekers during the pendency of their applications. Thepaper analyses the situation in some specific jurisdictions that have faced concerns of delay anddetermines causes and effects of the delay. The paper analyses the role of certain administrativeand judicial avenues available for the aggrieved and assess how they resulted in relevant remedialmeasures.The paper examines the international regime and programs governing refugees todetermine whether they create any positive obligations of expediency and timely asylumprocessing for the protection of the rights of the refugees. Based on the findings of the paper, thepaper concludes with a call for the need to initiate internationally coordinated efforts tosystematically monitor and assess the adverse effects of delay upon the basic human rights of therefugees and introduce relevant safeguards to ensure that the true spirit of refugee protection isupheld both in international regimes and national systems.

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