Asylum Seekers and the State: The Politics of

Highly topical in subject matter, Asylum Seekers and the State reveals immigration policy as a political process which has social consequences not only for the newcomer group but also for the wider receiver society. This work considers the obligations which receiver societies have for considering refugee claims, but at the same time assesses contemporary security concerns; it also provides an introduction to the roles of non-government organizations as stake-holders in the political process.

List of Tables

ix

Acknowledgements

xi

List of Abbreviations

xiii

1 Introduction: ambivalence and the outsider

1

(22)

Protection: a background

2

(4)

On obligation and the stranger: theoretical perspectives

6

(1)

Living with strangers

7

(5)

The comparison of Germany and Australia

12

(4)

Non-government action

16

(1)

Some methodological considerations

17

(6)

PART I: THEORETICAL CONCEPTS

2 Locating the obligation to protect

23

(34)

Violence and the modern state

25

(2)

On obligation

27

(9)

(a) Open and closed borders

30

(4)

(b) Recognition and the significance of culture(s)

34

(2)

Citizenship and belonging

36

(3)

The needs of citizens versus needs of the 'other'

39

(5)

(a) The 'other'

40

(4)

Immigration policy as a political process

44

(1)

'Asylum' and the refugee regime in historical perspective

45

(3)

(a) Historical change in the perception of refugees

46

(2)

Refugees, asylum seekers and 'illegals': legal and popular definitions

48

(3)

Human rights

51

(1)

Resources for whom?

52

(3)

'Special' rights of refugees

55

(2)

3 Non-government organisations and the state - partners and adversaries

57

(28)

Human action: the social and political manifestations

59

(2)

Civil society: local to global

61

(3)

Non-government organisations as an aspect of civil society

64

(4)

(a) From local to global issue networks

67

(1)

Social movements and NGOs: similarities and differences

68

(5)

The Third Way: a new deal with the state?

73

(12)

PART II: HISTORICAL AND CULTURAL DEVELOPMENTS IN IMMIGRATION AND PROTECTION: THE CASE STUDIES

4 The search for protection in Germany

85

(40)

The basis of nationhood and identity

87

(2)

Emigrations and immigrations from the 19th century: a brief overview

89

(4)

'Foreigners', 'strangers' and 'aliens': on classifications and their social consequences

93

(6)

(a) Expelees and Ethnic Germans

93

(2)

(b) Guestworkers

95

(2)

(c) Refugees and Asylum Seekers

97

(2)

Citizenship: an exclusive entitlement

99

(4)

Unification: one nation, many identities

103

(3)

Changing the Constitution in a quest to reduce asylum flows

106

(6)

(a) 'Out of Country' through the airport procedure

111

(1)

The asylum process

112

(4)

Church and state: welfare of body and soul

116

(3)

NGOs in Germany: continuity and change

119

(6)

5 Selection and control in Australia - from old habits to new techniques

125

(38)

Modes of incorporation

130

(6)

Identity and belonging

136

(3)

The treatment of refugees and asylum seekers

139

(2)

The asylum process: legal procedure and social entitlements

141

(5)

East Timorese asylum seekers: a special case

146

(1)

Temporary safe-havens and the Kosovars

147

(1)

A new strategy of deterrence

148

(4)

NGOs in Australia: from pseudo bureaucrats to activists

152

(5)

Some connections between the two case studies

157

(6)

PART III: THE POLITICS OF EXCLUSION

6 Paths of resistance and NGO experience in Germany

163

(26)

Representation in the public sphere: distilling different voices

165

(2)

Practical protection

167

(2)

Street level violence

169

(4)

Asylum advocates and political action

173

(4)

Everyday life

177

(2)

Detention and deportation

179

(3)

The ethics of civil disobedience: the case of church sanctuary movements

182

(1)

The 'harmonisation' of asylum policy in the EU: beyond a German problem?

183

(6)

7 Detention and state sanctioned violence in Australia

189

(22)

The uses of detention

191

(1)

Detention and removal of unauthorised arrivals in Australia

192

(5)

(a) Detention practices and their justification

196

(1)

A new rationale

197

(2)

Re-traumatising refugees

199

(1)

The action of NGOs

200

(3)

Should detention continue?

203

(2)

The physical and symbolic production of social distance

205

(2)

Some commonalities across the case studies

207

(1)

The survival of NGOs

208

(3)

8 Conclusion: Communication and the politics of asylum

211

(20)

Telling tales about foreign bodies

213

(4)

The media and public opinion

217

(2)

The use and abuse of language

219

(6)

Theoretical significance of the findings and contributions to research

225

(3)

Suggestions for further research

228

(3)

Appendix: Interviews

231

(4)

Bibliography

235

(20)

Index

255

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Asylum Seekers and the State: The Politics of Protection in a Security-Conscious World

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