This paper provides an exploration of the link between increased negativity towards foreigners and government policies aimed at reducing the number of asylum seekers


What lies beneath: exploring links between asylum policy and hate crime in the U K * 

Abstract 

This paper explores the link between increasing incidents of hate crime and the asylum policy 

of successive British governments with its central emphasis on deterrence. The constant 

problematisation of asylum seekers in the media and political discourse ensures that 

'anti-immigrant' prejudice becomes mainstr earned as a common-sense response. The victims 

are not only the asylum seekers hoping for a better life but democratic society itself with its 

inherent values of pluralism and tolerance debased and destabilised. 

Introduction 

In March 2010, three Russian asylum seekers from the same family leapt to their death from a 

block of rundown flats in Glasgow1. A n earlier report by the Institute of Race Relations 

detailed many other cases of suicides and suspicious deaths of asylum seekers which may be, at 

least in part, attributable to the asylum process . Such incidents are certainly not uncommon in 

Glasgow where asylum seekers have been dispersed to the most deprived areas of the city 

where aspirations are low and there is very little chance of integration into the host population. 

In 2004, the charity Positive Action found that 75% of asylum seekers and refugees in the area 

had experienced violence and abuse . Additionally, operational problems continue to beset the 

asylum process: from unnecessary delays and procedural errors to squalid housing to and 

destitution. 

At the same time, a new racism based on cultural rather than biological superiority and 

the supposed ill-effects of other cultures on the white British heritage or English way of life is 

emerging4. Whereas the traditional forms of racism are today generally condemned (see for 

example the backlash to Nick Griffin's appearance on B B C ' s Question Time and the fact that 

the B N P has opened up its membership to non-whites5), a new form of xenophobia is tolerated 

and even encouraged in the pursuit of Britishness; an identity itself dependant on the 

fabrication of a mono-culture. Allegations of racism and discrimination are typically rejected 

*Senior lecturer i n law, Nottingham L a w School, Nottingham Trent University. Nottingham N G 1 4 B U . I am 
most grateful to comments on earlier drafts from Dr Loretta Trickett and Dr Jonathan Doak both of Nottingham 
L a w School. 
1Harmit(2010). 
2 Institute of Race Relations (2006). 
3 The Daily Record (2004). 
4 Bowling and Phillips (2002). 
5 B B C (2009); Doward (2004). 



or downplayed with the consequence that it has becomes increasingly difficult to challenge 

discriminatory behaviour and inequality. As Van Dijk notes: 

the white consensus that denies the prevalence of racism is a very powerful element in 
its reproduction, especially since resistance requires public attention, media coverage 
and at least partial recognition of grievances . 

There can be no informed public debate i f the media and elected representatives are unwilling 

to move beyond the current discriminatory paradigm. 

As the number of hate crimes increase, this paper will seek to explore whether racist 

violence and xenophobia more generally are being encouraged by policies which result in the 

criminalisation and destitution of asylum seekers. It will demonstrate how the use of 

inflammatory language in the media and political debates helps to fuel the perception that 

asylum seekers constitute a threat to the fabric of society. It will be argued that in the current 

economic crisis, asylum seekers have become perfect scapegoats lacking a political voice to 

challenge such misperceptions. Mistrust and suspicion becomes the de rigueur, common-sense 

response. Consequently the right to seek asylum is being eroded whilst the impression of the 

U K as a place of tolerance and sanctuary is exposed as an illusion. A n examination of 

European asylum policy has become essential in this context, following the Amsterdam Treaty 

which brought certain aspects of immigration and asylum within the E U ' s legislative 

competence. Three significant directives have supported a common approach in refugee 

determination; reception conditions and, asylum returns. None take the right to seek asylum as 

a starting point; their objectives instead centre on reducing applications and burden-sharing. A 

lowest common-denominator approach pervades European asylum policy as European 

governments seek to show their electorates that they have immigration 'under control'. The 

construct of fortress Europe has emerged from ever increasing restrictions directed at outsiders 

with the effect that open and tolerant society is destabilised . 

Incidents of hate crime 

The British Crime Survey estimated the number of racist incidents to be around 207,000 in the 
o 

2007/8 period , a figure 150,000 more than the number of reported racist incidents. There is 

evidently chronic underreporting of hate crime. For asylum seekers this reluctance to report 

can partly be attributed to fear of the police and authorities due to their uncertain immigration 

6 Van Dijk (1992, 96). 
7 Veenkamp et al (2003) 
8 British Crime Survey (2009). 



status but also to experiences of persecution in their country of origin9. Although the British 

Crime Survey does not provide specific details for the perceptions or incidents of crime among 

asylum seekers, it does demonstrate that ethnic minorities have a greater fear of crime than 

whites10. This is corroborated by research undertaken by Refugee Action in 2002 which found 

that 83% of female refugees and asylum seekers surveyed did not go out at night for fear of 

harassment and crime11. Specialist police monitoring in London found that 30% of households 

reporting harassment were asylum seekers or refugees, a far greater proportion than were 

resident in the area . 

It has been noted that there have been particular problems with racist violence in 

Scotland, most notably Glasgow where many asylum seekers have been dispersed to 
1 Q 

sub-standard tower-block accommodation in impoverished areas of the city . Police in the 

Lothian and Borders area which covers Edinburgh reported a huge increase in the number of 

reported racist crime in the year up to April 2008 with twice as many incidents as in the three 

years prior. A significant proportion of the victims were of Polish origin suggesting a different 

dimension to attacks which had in the past been predominately directed at black and Asian 

victims14 . The Scottish Executive noted that the stigma attached to asylum seeker and refugee 

status makes them increasingly vulnerable to victimisation and violence in the community15. 

Notwithstanding the absence of precise data, it is officially acknowledged that asylum 

seekers and refugees suffer a disproportionate level of hate incidents and crimes16. The recently 

published Government Action Plan contains a long term vision which sings all the right notes, 

including a desire to promote an environment which discourages and condemns prejudices, 
1 n 

hostilities, discrimination, portrayals and other factors that enable and cause hate crime . Yet 

there is little detail to be found on the measures to be taken to advance this goal. For example, 

there is no consideration of measures that could be adopted to address hostile, inflammatory 

reporting in the media despite the findings of the Home Office's Community Cohesion report 

that the role of the media in undermining cohesion was constantly raised by respondents. The 

report also raised the same issues regarding political representatives and their tendency to make 

9 H M Government (2009, 9). 
10 Home Office (2007). 
"Refugee Action (2002). 
12 ICAR (2004, 63). 
13 Stewart (2007). 
14 Human Rights First (2008). 
15 Scottish Executive (2004, 5.39). 
16 H M Government (2009, 12). 
17 Ibid., 17. 



inflammatory statements undermining community cohesion . Unsurprisingly the new hate 

crime strategy contains no discussion of the way that current asylum law and policy may 

encourage the demonization process. Findings from focus groups suggest that there is a direct 

causal effect between inaccurate, unbalanced media images of asylum seekers and negative, 

hostile views of the reader19. 

The pattern of rising incidents of hate crime is replicated across Europe. Although 

many European states do not currently collate data on hate crimes, there has been a clear 

upward trend in racist crime in eight countries, including the U K , Germany and France over a 
90 

six year period . In 2009 the Organisation for Security and Cooperation in Europe adopted a 
91 

decision endorsed by all 56 states to take important steps to combat hate crime . But as with 

the national hate crime strategy, the decision addresses cure rather than prevention by 

committing states to compile statistics and to ensure better reporting and training for criminal 

justice officials. There is no mention of states committing their representatives to use less 

inflammatory language and to tackle widespread misconceptions regarding immigration and 

asylum. 

Defining Hate crime 

There is a considerable academic debate over the legitimacy of hate crimes laws which is 

beyond the scope of this paper, but it is worth emphasising the commonly advanced view that 

hate crime results in greater psychological harm than that which typically results from other 
99 

crimes . Such crime impacts negatively on the whole target community, explaining why 

ethnic minorities have a greater fear of crime and additionally, they "impact on the shared 

values of equality held by the community as a whole" . They are crimes against tolerance and 

diversity: crimes in essence against democracy. 

Contemporary definitions of hate crime reflect the view of hate crime as a process 

directed at already stigmatised and marginalised groups. Barbara Perry's definition is 

particular pertinent in this context: 
Hate crime involves acts of violence and intimidation usually directed towards already 
stigmatised and marginalised groups. As such, it is a mechanism of power and 
oppression intended to reaffirm the previous hierarchies that characterise a given 
social order. It attempts to re-create simultaneously the threatened ....hegemony of the 

18 Cantle (2002, 5.3.2; 5.14). 
19 ICAR (2004, 77). 
20 Human Rights First (2008b). 
21 OSCE (2009). 
22 See for example Iganksi (2002); Kahan (2001); Hurd (2001). 
23 Moon (2002, 555). 



perpetrator's group and the 'appropriate' subordinate identity of the victim's group. It 
is a means of marking both the Self and the Other in such a way as to re-establish their 
'proper' relative positions, as given and reproduced by broader ideologies and patters 
of social and political inequality . 

The victim's perception of the motivation behind the incident is accepted by the Association of 
9S 

Chief Police Officers as the best way to attribute a hate or prejudice motivation . The Crown 

Prosecution Service follows the same, broad approach and confirms that a victim may be 

targeted because of their perceived asylum seeker status al one26. However, the current method 

of statistical complication does not allow the victims' status or perceived status to be identified 

which makes it impossible to be certain of the number of people targeted for this reason. 

Additionally, many hate incidents go unreported as victims' may regard such incidents as part 

of their daily life and, particularly i f it is a pattern of recurring behaviour, may not wish to 

aggravate the situation by making a formal complaint. In areas of British National Party 
97 

support there have reportedly been significant increases in racist incidents and victimisation 

with further evidence suggesting that there is a tendency to dismiss evidence of racist intention 

in many cases. Persons who are victims of hate crime may find themselves targeted repeatedly 

by what if often attributed to 'anti social' behaviour rather than criminal behaviour which is not 

seen as 'really offensive' but part of a trade in insults in the course of a neighbourhood 
9R 

dispute . 
The down-playing of racist intent by the police is related to the observation by many 

9Q 

criminologists that perpetrators are often sanctioned by the wider community . Accordingly, 

sympathizers draw on the wider culture including parents, teachers, friends and the media to 

support their hate . One Home Office study on the perpetrators of racial harassment and 

violence found that tacit support by the wider community was commonplace: 
The views held by all kinds of perpetrators towards ethnic minorities are shared by the 
wider communities to which they belong. Perpetrators see this as legitimising their 
actions. In turn, the wider community not only spawns such spectators, but fails to 
condemn them and actively reinforces their behaviour . 

24 Perry (2001, 10). 
25 H a l l (1995, 9); Bleich observes that the British definition is far more expansive than that used i n Germany and 
France (2007, 151). 
26 Crown Prosecution Service (2010) 
27 Booth (2010). 
28 Ray and Smith (2002, 97). 
29 Levin (2002, 71-87). 
30 ibid., 80. 
31 Sibbitt (1997); see also Mason (2005). 



These findings are confirmed by a study in Greater Manchester which noted that typical 

perpetrators came from estates which were marginalised in all senses and where a sense of 

collective isolation pervaded . Commenting on the Northern disturbances of 2001, Dixon and 

Ray observed how fear and ignorance was fuelled by 'pernicious myth's' which divided 

communities by weakening social cohesion . This 'enabling environment' is supported by and 

conditioned by the activity or inactivity of the state34. These 'pernicious myths' routinely see 

asylum seekers portrayed as economic migrants and/or criminals . They become perfect 

scapegoats; distracting people from real, underlying concerns such as unemployment and 

poverty and real insecurity about the future36. There is limited political will to challenge these 

myths as it would necessitate a genuine engagement with the complexities of the real issues. 

People find scapegoats to blame for their situation and this scape-goating then appears 
-in 

legitimised by the inaction of community leaders and ultimately the political elite . 

Whilst these enabling factors form the backdrop to perceptions of otherness, specific 

causative factors also need to be considered i f we are to identify the conditions which result in 

perpetrators deciding to act on their perceptions. 

Causative factors 

The dramatic pace of socio-economic change in British society has widened the gap between 

affluent and poor communities. Competition for resources and dependence on welfare provides 

fertile ground for xenophobia . In many cases support from the wider community legitimises 

and encourages violence towards foreigners. Marginalised gangs may begin as social outcasts 

but once they direct their frustration towards asylum seekers or immigrants their status appears 

to change favourably as they begin to obtain the respect that they have craved. On top of the 

individual factors, polarised political situations and inflammatory media reporting in which 

immigration policy is commonly depicted as a problem provide fertile ground for the 

emergence of violence . Frost observes how existing structural factors such as environmental 

disadvantage are compounded by additional factors that facilitate racial prejudice: 

Two such examples are the role played by dominant cultural and political discourses as 
disseminated by government policy, and by the negative reporting of immigration by 

32 Ray et al (2003, 119). 
33 Dixon and Ray (2007, 115). 
34 Perry (2001, 179). 
35 Ottewell (2007). 
36 Sibbitt,(1987). 
37 Association of London Authorities (1993). 
38 Hopkins Burke and Pollock (2004, 11). 
39 Bjorgo and Witte (1993, 43). 



sections of the media... the existence of broader socio-economic and political conditions 
that combine with a hostile media and government stance can facilitate racism and the 
particular complexion this takes . 

The influence of political rhetoric and leadership is thus of paramount importance to 

understanding the normalisation of hatred. 

The influence of political rhetoric 

Political rhetoric and media sensationalism play large parts in problematising asylum seekers 

and refugees. Political polarisation often results in immigration being seen as a hot topic. In the 

U K , political parties regularly battle over which has the strongest, most restrictive policies on 

immigration. The question of asylum is typically lost within this battle and subsumed into the 

general immigration debate. 

Opinion polls have consistently revealed the public perception that immigration and 

asylum policies are 'not tough enough' and that the 'problem of asylum is out of control'. In 

one particular YouGov survey for the Daily M a i l in 2004, 11% of the public agreed strongly 

(and 26% tended to agree) with the proposition that 'a significant proportion of asylum seekers 

in Britain are terrorists'41. More recently, the Independent Asylum Commission's 'Citizens 

Speak' consultation found the majority of respondents were critical of the asylum system and 

in particular asylum seekers, who were seen as receiving special, preferential treatment and 

benefits . Interestingly, the Commission also found that many of the same respondents were in 

favour of providing sanctuary to those fearing persecution but that they had received the 

message that most applicants were actually bogus43. The statistics show that the number of 

asylum seekers coming to the U K has been decreasing fairly steadily since the peak in 2001 

with 48% fewer applications in the first quarter of 2010 compared to the same period of the 

previous year. Despite the initial recognition rate of only 15%, over half the applicants are 

eventually recognised as needing protection with 27% of applications accepted on appeal and 

10%) receiving discretionary or humanitarian leave44. This picture is seldom presented to the 

public during political debate and it rarely features in popular news stories. 

Capdevilla and Callaghan have examined the opposition speeches of M P Michael 

Howard in 2005 which locate the need for tighter immigration controls within a context of 

40 Frost (2007, 238). 
41 YouGov (2003; 2004); see also YouGov Survey for Commission for Racial equality: Racial equality 2004: 
http://www.youcov.co.uk/corporate/archives/press-archives-social-Main.asp?dID=2005. 
42 Independent Asylum Commission (IAC 2008, 4). 
43 Ibid., 
44 Home Office (2010). 

http://www.youcov.co.uk/corporate/archives/press-archives-social-Main.asp?dID=2005


cleaner hospitals and more police; thus equating immigration with both a lack of cleanliness 

and criminality45. His speeches describe an asylum system which is out of control. Most 

disturbing is the alleged link between terrorism and asylum: 

We face a real terrorist threat in Britain today - a threat to our way of life, to our 
liberties...there is a quarter of a million failed asylum seekers living in our country 
today. No-one knows who they are or where they are. To defeat the terrorist threat we 
need action not talk - action to secure our borders . 

The irony of course is that that the perpetrators of terrorist attacks in British soil have 

predominately been British citizens - born and bred in this climate of tolerance. Whilst the 

speech clearly equates asylum with criminality and terrorism, it also alludes to an idealized 

vision of 'British-ness' which is threatened by these outsiders. The link between immigration 

and criminality can be seen more recently in the Labour party's 2010 manifesto entitled ' A 

future fair for all' in which an entire section on strengthening communities is devoted to 'Crime 

and Immigration' .Howard does not feel it necessary to substantiate the link between asylum 

and terrorism as it is presented as axiomatic. But in keeping with the desire to disassociate from 

accusations of racism, he is at pains to confirm that he is not a racist by referring to his own 
4R 

ancestry as a descendant of Russian Jews . More recently, the 'dangerous game' of allowing 

gay asylum seekers to claim asylum in the United Kingdom has been highlighted by 

Conservative M P Philip Davies49. The Supreme Court's judgement that Gay men in Cameroon 

and Iran may experience persecution on account of their sexuality was also described as 

'absurd' by former M P Anne Widdecombe who predicted that civil unrest may result from 

such decisions50. The former Labour minister responsible for immigration and asylum, Phil 

Woolas, angered immigration activists shortly after he took up his post by emphasising that 

most asylum seekers were economic migrants and accusing immigration lawyers of 

undermining the law in their support for unworthy appeals51. Yet many asylum seekers 

struggle to find any legal representation; a position made much worse by the recent closure of 

the U K ' s largest specialist legal representation charity in the immigration field. Refugee 

Migrant Justice went into administration in June 2010 due to financial difficulties which they 

laid squarely at the door of the Government . 

45 Capdevila and Callaghan (2008, 5). 
46 Extract from Michael Howard's conference speech 2005 cited i n Ibid., 5. 
47 Labour Party Manifesto (2010). Available atLabour.org.uk. 
48 Capdevilla and Callaghan (2008, 97). 
49 Daily Express (2010) 
50 Widdecombe (2010). 
51 Telegraph (2008). 
52 New Statesman (2010). 

http://atLabour.org.uk


The link between political rhetoric and violence is a common theme in criminological 

research. Regular use of terms such as 'bogus' in political debates on immigration and asylum 

are seldom substantiated by evidence . The constant problematization of asylum seekers can 

only serve to reinforce the impression that the asylum system is out of control. Fifteen years 

ago, the Association of London Authorities demanded that more attention was focussed on the 

underlying factors which breed, excuse or support racist activity54. In this context, the Home 

Office's Racial Attacks Group noted the obligation on politicians and those with influence on 

public opinion to avoid encouraging feelings of racial antipathy "politicians at both local and 

national level obviously have a crucial role to play in helping to create a cohesive and tolerant 

society"55. 

The use of openly inflammatory language in contemporary political debate appears to 

have declined but at the same time there has been a discernible shift to less obvious, pejorative 

labels, including metaphors such as swamping and flooding. The European Commission on 

Racial Intolerance and Xenophobia have suggested that negative perceptions by the media and 

politicians are poisoning public opinion and that they are being translated into increasingly 

restrictive policies and legislation, such as that contained in the Draft Immigration B i l l 2009 

which makes it an offence for an asylum seeker to knowingly enter without a valid travel 

document56. Such charges have also been levied at political debate in Germany and Sweden 

where immigration restrictions appeared to legitimise the arguments of the anti-immigration 

lobby . The effect of restrictonism in the U K will be explored later in this paper. 

Media influences 

The media are of course vital in helping shape public perception of social and political issues 
C O 

particularly on immigration where the experience of most white Britons is very limited . Yet 

the picture painted is complex and misleading. Research by the Article 19 project at the 

University of Cardiff found 51 different labels used by the media to define asylum applicants 

Spencer (1998, 81). 
Sibbitt (1987, 85). 
Ibid., 85. 
ECRI (2009, para. 175). Clause 301 Draft Immigration Bill 2009. 
Karapin (1999, 437). 
Bailey and Harindranath (1993, 282); Van Dijk (1993, 243). 



including 'asylum cheat' and 'illegal refugee'59. Typically the most popular daily newspapers 

play on public anxieties by depicting Britain as a country under siege from welfare dependant 

asylum applicants60. A further common theme is the implied link between asylum seekers and 

criminality61. Consequently asylum seekers themselves feel alienated and ashamed by their 

negative portrayal in the British media62. 

Fear is understandably generated in communities by stories of 'waves of refugees'63 or 

to learn that the asylum system is "engulfed in chaos"64. Analysing the media response to the 

murder of a Kurdish asylum seeker in Glasgow, Carolyn Coole found that coverage "helped to 

create a climate of opinion in which readers were invited to view the incomers as a threat". 

Rather that counteracting misperceptions about asylum seekers the typical media response was 

to fuel ethic tension by labelling the attack as racially motivated and depicting the local 

community as unable to cope with the dispersed asylum seekers65. 

One project examining the impact of the media on community relations in London, 

found that almost half of the photographs of asylum seekers or refugees in national newspapers 

presented them as criminals. Other pejorative photographs included images of the Union jack 

being shown in association with asylum stories suggesting a challenge to traditional 

conceptions of 'Britishness'66. The U N H C R have continued to express criticism of the British 

press in this regard67. Yet the label 'asylum cheat' continues to feature regularly in headlines 

found in many daily newspapers68. 

This negative depiction creates a contagion effect where anti-immigration activists are 

buoyed by media accounts of similar actions in other regions. Bjorgo observes that in many 

cases isolated, personal disputes were erroneously defined as part of a race-war by the media 

which escalated disputes as in the Glasgow incident69. This contagion effect has also been 
70 

noted in the context of German hate crime . Again, there is a sense that anger towards 
71 

foreigners, including asylum seekers becomes normalised . 

59 Article 19 Project. Available at: www.19.org/pdfs/publications/refugees-what-s-the-story-case-study-pdf. 
These findings are also demonstrated in research over 6 months in 2007 by Wurie Khan (2008). 
60 Spencer (1998, 81). 
61 ICAR (2004, 35). 
62 Article 19 Project. Available at: www.19.org/pdfs/publications/refugees-what-s-the-story-case-study-pdf. 
63 Bjorgo (1993, 105). 
64 Daily Express (2009). 
65 Coole (2002); see also Grillo(2005). 
66 ICAR (2004, 28 and 29). 
67 UNHCR (2006, 10-11). 
68 See for example Daily Mail (2002; 2010). 
69 Bjorgo (1993, 103). 
70Greenetal(2001,496). 
71 ibid., 489. 

http://www.19.org/pdfs/publications/refugees-what-s-the-story-case-study-pdf
http://www.19.org/pdfs/publications/refugees-what-s-the-story-case-study-pdf


It is submitted that anti-asylum and anti-foreigner rhetoric often escapes critical 

attention and is somehow regarded as 'fair comment'. Research on media responses to asylum 

during the early to mid 1990's (a period during which many asylum applicants from the ethnic 

conflict in Yugoslavia, arrived in the U K ) , found that The Daily M a i l used the expression 
79 

'bogus' in 90% of articles concerning asylum seekers . The Press Complaints Commission 

subsequently issued guidance to the media emphasising that 'inaccurate, misleading or 

distorted reporting may generate an atmosphere of fear and hostility that is not borne out by the 

facts' and 'there can be no such thing in law as an 'illegal asylum seeker' . In August 2001 

Daily Express journalists passed a motion "expressing disapproval at the sustained campaign 

against asylum seekers in pursuit of circulation" having made a complaint to the Press 

Complaints Commission regarding editorial pressure to produce inflammatory stories. A 
74 

subsequent complaint was made in 2004 regarding pressure to produce anti-Gypsy articles . 

Following the recent Supreme Court decision there has been protests outside the Daily Express 
7S 

offices about the newspaper's unsympathetic, inflammatory coverage . 

Whilst such guidance has had some effect on the way that the national press label 

asylum applicants, there remains confusion over what these labels actually mean. There has 

also been a tendency in both printed and broadcast media to give a platform to organisations 

which represent a particular anti-immigration agenda without actually clarifying the agenda to 

readers and listeners. In the U K , Sir Andrew Green is head of the anti-immigration think tank, 

Migration Watch U K . He presents his organisation as a neutral, research orientated advisory 

body and is regularly cited in news reports as i f he is an independent expert without any 

counterbalancing view being offered76. 

The construction of difference through binary oppositioning whereby the Other is 
77 

presented in a simplistic, negative comparative framework, is recognised by Hall ; the 

identity of ' U s ' can be shored up and strengthened through a positive comparison with 'Them'. 

Bailey and Harindranath argue that the media has a tendency to use binary oppositioning to 
•70 

simplify highly complex situations and relationships . In the case of asylum seekers, they are 

presented as 'foreign' in a paradigm of territorial sovereignty which challenges the traditional, 

including the home and the family. The repeated use of the term bogus or illegal asylum 
72Kaye(2001,58). 
73 The Press Complaints Commission (2003). 
74 Press Gazette (2004). 
75 The Guardian (2010). 
76 Wetherell (2003, 19). 
77 Hall (1995, 237). 
78 Bailey and Harindranath (1993, 277). 



seekers is commonplace in this paradigm. War also becomes a particularly useful metaphor, for 

example: 'new weaponry in the armoury of immigration services' which suggests that 'we' are 

fighting a war on asylum .The asylum applicant is thus stereotyped as a threat and their real 

life story is ignored or denied to support this interpretation. 

This process of Othering allows us to exclude those so labelled from our concern . 

Whilst this is typically not a conscious process, the use of war metaphors and the association of 

asylum with criminality promotes and legitimises this view. Banks explores the visual 

representation of asylum seekers and refugees showing how newspaper imagery constructs 

such groups as dangerous and deviant. Building on a deviancy amplification model, he has 

identified three stages in the discovery of deviance that collectively demonstrate how the social 

portrayal of the criminal immigrant fuses the otherness of the stranger with the otherness of the 

deviant. In the first phase, the faceless and de-identified stranger enables the construction of a 

panoply of feared subjects. Stigma is then implicitly illustrated, deviance obliquely intimated 
0 1 

and 'spoiled identities' are constructed. The mask is then removed and the asylum seeker is 

revealed with their deviant status confirmed. He then demonstrates how such a process is 

reinvented, repeated and reworked in news stories, with deviance becoming increasingly 
R9 

engrained and entrenched in the image of the asylum seeker . The views of criminologists are 

supported by the results of psychological tests on stereotyping which found that exposing 

viewers to negative media stories linking asylum seekers with criminality resulted in negative 

judgements . Consequently, when the study group were asked to consider the merits of asylum 

applications they became more likely to refuse the application. 

One of the common problems in the depiction of asylum seekers in the press has been a 

blurring of labels such as immigrant, asylum seeker and refugee. Often the terms are used 

interchangeably which suggests erroneously that there is no obvious distinction between a 

person entering the U K under immigration laws and those seeking asylum. Inaccurate labelling 

serves a useful political purpose as the motivation of people entering the country is lost and the 

implication is that they intend to occupy an illegal space in society. Exclusion strategies thus 
R4 

become easy to justify as a defence against the hostile invader . Again the absence of real life 

stories is critical to the success of this discourse as exclusion would be so much more difficult 

to justify i f asylum seekers were presented as being the same as everyone else. Saxton defines 
79 ibid., 281. 
80 Greenwald and Krieger (2006, 946); Stabile (2009). 
81 Goffman (1963, passim). 
82 Banks (2009). 
83 Lido et al (2006). 
84 Saxton (2003, 113). 



this as a "sanitised racist discourse that functions to establish, sustain and reinforce oppressive 
o c 

power relations between the dominant group and racial minorities" . 

The policy of deterrence 

In addition to political rhetoric and media sensationalism, the law has been far from neutral86. 

Law helps to legitimise the perception of 'them' as it exercises both an expressive and 

pedagogic role . The message of the legal provisions on asylum is clear: asylum seekers are 

not welcome. The use of detention and the prohibition on work mean that for many people 

asylum seekers are inherently criminals and/or economic burdens. Their experiences of 

persecution cannot be imagined by the host society and it thus becomes easy to regard them as 

unequal and undeserving. 

Legislation on immigration and asylum is frequently introduced with a preamble of 

'fair but firm' yet the perception that immigration is out of control remains (despite falling 

numbers of asylum applicants) . Politicians appear to manipulate the debate by playing on 

peoples' fears for electoral advantage with loopholes highlighted in stories of alleged abuse of 

the system. Consequently "negative language has become the currency of public discourse on 
on 

immigrants and asylum seekers" . 

The 'fair but firm' agenda suggests that there is no alternative but to take a strict line on 

refugee determinations. Van Dijk notes the routine combination of fairness on one hand with 

pragmatism, realism and firmness in the parliamentary debates of several liberal states90. In this 

way the humanitarian objective can be diluted by some vague, pragmatic sense of a greater 

good. The argument suggests that there is no rational alternative to the view that strong 

immigration controls are a requirement for good community cohesion. Both sides of the 

political spectrum seem to have carelessly absorbed this view. Having defeated the B N P leader 

Nick Griffin in the general election, the Labour member of parliament, Margaret Hodge, felt 

the need to suggest that rationing housing by prioritising long term residents might be a 

solution to the popularity of the far-right91. The irony of this strategy is not lost on Simon 

Goodman: 

ibid., at 118. 
Tuitt (1996). 
Stabile (2009, 21). 
Coleman (1996). 
Spencer (1998, 91). 
Van Dijk (1992, 110-111). 
Harris (2010). 



It relies on the threat posed by extremist parties, and their more harsh policies on 
asylum seekers, to justify a move towards a position that more closely reflects the 
position of these extremists. In short, the argument here is that we must be more like the 
BNP to stop the BNP from gaining political success . 

There is no middle-ground in this form of analysis. It is unclear why asylum seekers are either 

to be placed in detention or luxury accommodation. Rather than 'firm but fair' this debate has 

placed 'firmness' and 'fairness' at polar opposites with firm policies becoming the norm in the 

last two decades with reductions in welfare support, expansion of the detention estate and 

increased penalties for unauthorised entry. There is an irreconcilable tension between 

increasing the focus on hate crimes and such regressive steps where the asylum seeker is 

defined as bogus, illegitimate and threatening . 

Dehumanization is an essential consequence of the rationalisation of hate towards 'out 

groups'. The challenge therefore is for policy to address the construction of 'out' groups but, in 

the case of asylum seekers, there has been a notable reluctance to do this. Even those M P ' s that 

are concerned about the treatment of asylum seekers tend to avoid being engaged publically on 

the subj ect, perceiving that it is not a vote winner to be exposed as ' soft' on immigration. There 

is also a view among many politicians that the only way to stop the extreme Right "has been to 

steal their electoral clothes, by taking a hard-line approach to immigration and asylum"94. 

A n examination of the law providing for the detention of asylum seekers is particularly 

illuminating in the context of this debate. As in other cases where liberty is restricted, one may 

expect to see requirements of necessity and proportionality at the forefront of the legal criteria. 

Yet, the law provides no maximum time limit for the detention of asylum seekers and 

successive Governments have expanded the detention estate makes it increasingly common for 

asylum seekers to experience detention without any requirement of necessity. 

Detention 

The U K has the largest number of people detained under immigration laws in Europe with a 

capacity to detain 30,000 people95. State practices vary enormously with some countries, 

including Britain, the Netherlands and Denmark avoiding a legal commitment to a maximum 

detention period. Increasingly states are resorting to detention for administrative convenience 

with the emphasis again being on 'firmness'. In the case ofSaadi v UK [2008]96, the European 

92 Goodman (2008, 120). 
93 Gadd (2004, 145). 
94IRR(2010, 2). 
95 Travis (2010). 
96 Saadiv UK (2008). 



Court of Human Rights endorsed this use of detention for short periods as falling within the 

exception to the right to liberty found in Article 5 (1) f97. As a result, the designated removal 

centre at Oakington now detains asylum seekers for up to fourteen days with no requirement 

for the Home Office to show 'necessity' such as a risk of absconding or it being pursuant to 

imminent removal. 

The qualification on the right to liberty for asylum seekers is not seen in other contexts. 

In criminal justice and mental health detention, where the exceptions to Article 5 have been 

narrowly construed, the European Court of Human Rights has emphasised that effective and 

regular judicial supervision are key requirements of detention. In Brogan v 6X 9 8 , the detention 

of terrorism suspects for periods of four and seven days was held to breach the requirement for 

suspects to be bought promptly before a judicial authority". It is also clear that there must be 

reasonable grounds for suspicion before a person can be detained or arrested. Similarly i f a 

person of 'unsound mind' is to be detained there must be a medical assessment of necessity to 

ascertain that the person is suffering from a mental illness . In Litwa v Poland the need to 

consider all alternatives prior to detaining a person under Article 5(1) e was emphasised with 

the court stressing that it but must also be necessary in the circumstances . 

Thus we see a different standard of liberty applied in the immigration and asylum 

context. This may itself be a reflection of the European Court's concern to avoid making 

decisions which impact on the territorial integrity of states. The Convention itself makes no 

specific mention of a right to seek asylum or enter a particular state, unlike the Universal 

Declaration on Human Rights which provides in Article 14, the right to seek and enjoy asylum. 

However, it is less clear why such factors should not be construed in the context of the states 

margin of appreciation rather than being built into the framework of Article 5. 

According to international law and the Home Office's operational enforcement manual, 

detention should not be considered appropriate where there is evidence of torture. Yet evidence 
1 A l 

recently uncovered shows that detention is not unusual in these cases . The charity Care of 

Victims of Torture collated figures over an eighteen month period, revealing that only 7 out of 

250 detainees had been released following evidence of torture104. Issues of poor health care 

O'Nions (2008). 
'' Brogan v UK (1989). 
' Article 5(3) ECHR. 
)0 Cornelisse (2004, 105). 
n Litwa v Poland (.2000). 
)2 Ibid, para 78. 
)3Townsend(2010). 



have been raised on numerous occasions by professional bodies with a recent academic 

report finding evidence of an 'institutional failure to address health concerns about asylum 

seekers in detention'106. The detention of children has also attracted widespread condemnation 

from international and domestic organisations who have been concerned about the effects of 

detaining vulnerable children . In 2009 it was estimated that up to 1000 children are placed in 

immigration detention in the U K each year with the average period of detention being over 

fourteen days . One of the first policy changes of the new coalition Government has seen a 

welcome pledge to end all such detention of children but the difficulties of determining age and 

the broader issue of detaining vulnerable people are left unresolved. 

The U K ' s desire to detain asylum seekers has received criticism from the European 

Commission Against Racism and Intolerance which noted a link between Government policies 

such as destitution, poor decision making and detention, and the hostile tone of public 

discourse109. Again, there was specific recognition of the exploitation of racism in politics and 

the media which were highlighted as particular causes for concern110. The routine use of 

detention inevitably links asylum seekers with criminality in the public perception. It can 

certainly be seen to fuel the perception that there is something wrong or dangerous with those 

seeking sanctuary and in this way it surely contributes to animosity towards asylum seekers as 

a whole111. Welch and Schuster identify it as an essential element in the state ritual of firm 

immigration policies: 

"That penal ceremony has become a media theatre on whose stage politicians proclaim their 

intentions to clamp-down on so-called bogus asylum seekers fraudulently in search of welfare, 

benefits, education, health-care, housing and jobs". 

Work and benefits policies 

Another aspect of current asylum policy which deserves attention in this context is the current 

rule denying asylum seekers permission to work in the U K whilst their application is being 

determined. Since July 2002 work and vocational training is not permitted until a positive 

decision has been received or the applicant has been waiting for an initial decision for over a 

105 Ginn (2009). 
106 Verkaik (2010). 
107 The Children's Commissioner (2010). 
108 House of Commons, Home Affairs Committee (2009). 
109 ECRI (2010, 8). 
110 Id., at 9. 
111 Sales (2002, 459). 



year (delayed appeals are not counted in this calculation) . This particular rule needs to be 

seen in the light of wider immigration entry conditions such as the 'no recourse to public funds' 

rule. 

Asylum applicants can apply for some support and accommodation to the U K Borders 

Agency but the latter will be subject to the dispersal programme. Accommodation is offered to 

those considered destitute by a mixture of providers and the applicant is permitted no choice in 

the location. Consequently a disproportionate number of asylum seekers become homeless or 
1 1 Q 

dependant on over-stretched charitable provision . The dispersal cluster system also means 

that many specialist services that would have been available in the larger cities are no longer 

accessible for those who need them114. Once an asylum claim is rejected the applicant and their 

family will be expected to take steps to leave the U K and may continue to receive support until 

the children reach 18115. However, the family will be denied this support under s9 Asylum and 

Immigration (Treatment of Claimants) Act 2004 i f they are considered not to have taken 

reasonable steps to depart voluntarily. The consequences of this provision for the welfare of 

children in vulnerable familial circumstances cannot be overstated116. 

Again the 'them' and 'us' relationship is emphasised as the policy draws a boundary 
117 

between the 'deserving' and 'undeserving' in society . The denial of the right to work has 

helped to label asylum seekers as 'undeserving' and as burdens (hence, threats) to the 

economic stability of the state. 

The workplace could constitute an opportunity for asylum seekers to interact with the 

host population in a positive, shared setting but this opportunity has been missed and 

opportunity for positive interaction is minimal. When interaction is forced upon communities, 

as happens with dispersal initiatives which appear to be poorly thought out and 

under-resourced, asylum seekers inevitably become caught up in social disintegration and 

poverty. Denial of the right to work inevitably means greater reliance on state support. 

However, state support itself will be unavailable unless the asylum application falls with s55 

Nationality Immigration and Asylum Act 2002 which specifically excludes claimants that do 

not apply as soon as reasonably practicable after arrival. In R v SSHD exp Adan, Limbuela , 

Tesema [2005] the Home Secretary attempted to argue that the policy should prevail even in 

112 Current rules can be found at: http://www.ukba.homeoffice.gov.uk/asylum/support/employment/. 
113 Homelessness Link (2000). 
114 A review of the literature is provided by Aspinall and Watters (2010, 102). 
115 s95 Immigration and Asylum Act 1999. 
116 Aspinall and Watters (2010, 71). 
117 Sales (20020). 

http://www.ukba.homeoffice.gov.uk/asylum/support/employment/


cases where the applicant was left destitute and homeless as a consequence of it's operation 

The House of Lords however, determined that there had been a breach of Article 3 of the 

European Convention on Human Rights as the applicants had suffered inhuman and degrading 

treatment as a consequence of the policy's operation. S55 remains on the statute books 

however as a key element of the deterrence strategy. This is notwithstanding the Home Office's 

own research suggesting that the timing of an asylum application has little bearing on the 

legitimacy of the applicant's case119. 

A related issue which adversely affects many vulnerable asylum seekers is the policy 

withdrawing free medical treatment from certain groups including failed asylum seekers 

unable to travel home and undocumented migrants. A recent Court of Appeal decision 

confirmed that failed asylum seekers are not 'ordinarily resident' in the U K and therefore are 

not entitled to secondary NHS treatment . A consultation process is currently underway 

which proposes specific exemptions for secondary healthcare for failed asylum seekers who 
191 

are cooperating with the U K Border Agency and are supported under s4 or s95 . S4 cases 

concern adults who are taking reasonable steps to leave but there is a genuine recognised 

barrier to them leaving and s95 provides support to the estimated 7,600 failed asylum seekers 
1 99 

who would otherwise be considered destitute . At present neither of these groups receive free 

secondary healthcare. 

Lessons can be learnt from Barbara Perry's seminal work on the demonization of Black 

Americans. She demonstrates how the mother who is dependant on welfare support is 

perceived to be morally responsible for factors beyond her control including the disintegration 
1 9^ 

of family values and the American way of life, and the economic woes of the country 

Politicians are then shown to play on these stereotypes for their own popularity with disastrous 

consequences for inter-racial relations. In the U K the asylum seeker fits this stereotype in a 

way which would be difficult to apply to the black community of modern Britain. Family 

values are depicted as threatened by young, male asylum seekers who are considered to be 

economic migrants and who, on successful application, may then ask for their extended 
1 94 

families to join them 
118 U K HL 66. 
119 O'Nions (2006). 
120 A v SSfor Health [2009] E W C A Civ 225. 
121 Asylum (Treatment of Claimants) Act 2004 and Immigration and Asylum Act 1999 respectively. 
122 Aspinall and Watters (2010). 
123 Perry (2001, 183). 
124 See for example the printed opinions following " A depressingly predictable attack on asylum seekers" The 
Independent 30th July 2009. 



The operation of the dispersal programme means that asylum seekers are typically 

directed to poor, deprived areas where there is already generalised violence and casual racism. 

The particular problems experienced by those in Glasgow demonstrate the relationship 

between poverty, deprivation, social exclusion and a general culture of violence which is often 

directed at those perceived to be outsiders. 

Conversely, migrants from E U member states, that are exercising their right to work, 

are also perceived as a threat, particularly as they are accused of taking the jobs of British 

workers. It is no coincidence that the legally questionable promise of 'British jobs for British 

workers' made by Gordon Brown to the T U C in 2007 was subsequently adopted as party 

slogan for the far-right British National Party . One of the more balanced daily newspapers, 

The Independent, talked of a "'crackdown' on migrant workers" following the prime-ministers 

comments; clearly apportioning blame for jobs shortages in the British economy to the 

migrants who were legally exercising rights conferred by European law126. This is a point also 

noted in Perry's analysis of the United States: "From this perspective, immigrants- especially 

Third World immigrants- come to this country for two reasons: to sack the welfare system and 

to take the j obs of the Americans" 

The overall effect of the deterrence agenda on public perception 

Despite falling numbers of applications, asylum policy remains focussed on preventing asylum 

seekers from exercising their right to seek asylum as guaranteed by the Universal Declaration 

of Human rights . Formal mechanisms such as introduction of visa requirements, reduction 

of welfare support, criminal penalties for carriers of clandestine passengers are clear examples 

of this objective. Consequentially asylum seekers are typically misunderstood by the British 

public and in some cases this has yielded violent reactions. It might even be contended that 

these reactions are another element in the deterrence strategy; something that Perry would 

describe as an 'informal mechanism of control' 

If deterrence is the objective of asylum policy these measures do seem to be having 

some success with a dramatic reduction in the number of people seeking asylum since the peak 

Summers (2009). 
Russell (2007). 
Perry (2001, 197). 
As provided in Article 14 Universal Declaration of Human Rights 1948, U N ; O'Nions (2006). 
Perry (2001, 79). 



1 Q A 

i n 20021J . There are many on the political right who would be comforted by this outcome but 

we need to consider why successive Governments have become so obsessed with asylum to the 

extent that the United Kingdom can no longer be seen, in the time-honoured tradition, as a 

place of sanctuary. We need to further consider the consequences of this obsession for settled 

refugees and the wider community of ethnic minorities in the U K . If we see hate crimes, 

intolerance and support for far right policies as indicators of disunity which threaten the fabric 

of our democracy, there is at present much cause for concern across Europe. Contrary to the 
1 Q 1 

populist view that strong immigration controls promote positive race relations there is 

evidence to support the opposite contention; our obsession with deterring asylum seekers from 

seeking sanctuary is in fact damaging race relations. The problematization of asylum seekers 

cannot be seen in any other way . The prevalence of myths which are not countered by 

politicians inevitably leads to community tension as evidenced in the so-called 'Northern 
disturbances' of 2001 and the Birmingham 'race riots' of 2005 133 

European policy 

As European law and policy advance well beyond the original objectives of the Treaty of 

Rome, an ideological construction of the true European has emerged134. It is contended that this 

true European is defined primarily by its relationship with non-European 'others'. 

Rising numbers of hate crime incidents are recognised in a recent Council framework 

decision yet the decision makes no reference to recent E U asylum policies as evidenced, for 

example, in the Returns directive which restricts access to the European club . As the E U has 

opened up to new members the problem of how to close it to 'Others' has become a focal 

point136. The Council of Europe has recently added its voice to concerns over the hardening of 

attitudes towards immigrants and asylum seekers in Europe and the proliferation of 
1 -in 

detention . The Parliamentary Assembly's resolution expresses particular concern over the 

detention of asylum seekers and includes ten principles of guidance including requirements of 

proportionality and necessity. More specifically, fifteen rules are delineated. It is submitted 

130 The peak was 84,130 i n 2002 which declined dramatically to 23,610 in 2006. The most recent statistics suggest 
that the level has stabilised with 29,800 fresh applications in 2009: U N H C R Asylum Levels and trends in 
industrialized countries in 2009: statistical overview U N H C R 23rd March 2010. 
131 This has been a regular feature of Conservative party election manifestos: Dale (2000: 254, 302, 388, 452) 
132 Spencer (1998, 82). 
133 Dixon and Ray (2007, 117). 
1 3 4Anthiasetal(1993, 131). 
135European Council (2008); (2008b). 
136 Cited inDummett (1998, 211). 
137 Parliamentary Assembly (2010). 



that many European states do not at present comply with these rules which include: effective 

access to the outside world; legal advice, assistance and representation of the highest quality; 

appropriate material conditions of detention and effectively trained detention centre staff. The 

detention of asylum seekers is clearly viewed as arising in exceptional circumstances only after 

a full consideration of alternatives. 

In this area of asylum policy, the relative positions of the Council of Europe and the 

European Union are certainly not harmonious. The latter's Returns directive has been dubbed 

the 'directive of shame' in Latin America. It adopts a lowest common denominator or 

'minimum standards' approach in which detention of up to 18 months is permissible 

Amnesty International and the European Council on Refugees and Exile had urged the 

European Parliament to reject the plans but the directive was eventually approved despite some 

reservations from parliamentarians' . The text also includes periods of custody and re-entry 

bans for up to five years and establishes a common discipline for all member states to either 

expel every illegally resident migrant or grant him/her a definite legal status. The detention of 

children and families is not specifically prohibited and unaccompanied minors will 'only be 

repatriated' i f they can be returned to their families or to "adequate reception facilities". 

Despite its restrictive nature, the Home Office have requested an opt-out from the new 

directive due to concern that the current fast-track detention and removal procedure for 

manifestly unfounded cases could be deemed unlawful140. Further concern was expressed that 

the provisions would require states to provide legal aid and improved translation services. 

More generally, there are warning signs that race relations may deteriorate further in 

Europe as the results from recent general and European elections reveal a rise in the 

mainstream popularity of far-right political parties such as the British National Party, the Swiss 

Peoples Party, the Danish Peoples Party and the fascist Northern League and National Alliance 

in Italy. A l l of these parties have strong anti-immigrant platforms but few are openly racist in 

the traditional sense. Xenophobia is typically presented as a reasonable response to economic 

decline and the perceived loss of identity. 

Venezuelan President Hugo Chavez called the rules "shameful" and threatened both to cancel investment in 
and disrupt oil exports to the countries that enact the controversial immigration measures. While Brazilian 
President Lula da Silva said "the cold winds of xenophobia are once again blowing from Europe," his Ecuadorean 
colleague Rafael Correa warned that trade talks between the E U and the Andean Community could be suspended 
if the 27 member bloc pushed ahead with the new law. "What do we have to talk about with a union of countries 
that criminalises immigrants? It will be very hard to talk business and ignore human rights." Cited on Euractiv 
News (2008). 
139 ECRE (2008); Administrator (2008). 
140 Travis (2010a). 



A n additional threat is paradoxically posed by attempts to reinvigorate democracy in 

Europe. The Lisbon treaty contains provisions to revitalise European democracy including the 

European Citizen's initiative which requires the Commission to respond to collective petitions 

with one-million intra-state signatories141. The danger of majoritarian politics dictating the 

agenda are illustrated by the experience in Switzerland where referenda are commonplace. The 

referendum in Sjobo on providing shelter to refugees resulted in 67% of residents voting 

against the proposals . Local referenda on similar issues with similar results have also been 

reported in France and Sweden and highly organised local campaigns against asylum seekers 

have been reported in Ireland and the Netherlands. Many of these campaigns are influenced by 

the far-right. Playing on the typical stereotypes, Jean-Marie Le Pen has recently called for a 

national referendum in France to curb immigration which, he described as a "burden on 

France's lifestyle, its finances, its security, its unemployment and schools"143. It would be a 

grave mistake however, to see the far right as the only influence in such campaigns. As I have 

shown, mainstream political debate on immigration and asylum typically centres on the view 

that strong immigration controls are necessary for positive race relations. The nature of these 

strong controls is rarely identified, but there is certainly no attempt to separate issues of 

immigration and asylum or to correct underlying assumptions that the majority of those 

entering the U K (from the E U and beyond) are unwelcome. The Institute of Race Relations has 

argued that the debate on reinvigorating democracy has seen insufficient attention paid to the 

relationship between direct democracy and human rights or between majoritarian politics and 

the situation of minorities and disenfranchised groups144. 

Conclusion 

Asylum seekers and refugees are increasingly the targets of hate incidents. The strategy of 

deterrence has helped to create a culture of suspicion and disbelief which has permeated public 

opinion145. The use of detention and the tendency for politicians to link asylum with criminality 

helps to legitimise this culture and encourages intolerance146. 

The emphasis on a traditional British mono culture which is the basis of B N P policy is 

not being significantly refuted by politicians from the main parties. As Spencer argues 'The 

European Parliament (2010). 
Reported in Institute of Race Relations Briefing (2010, 2). 
Agence France Presse (2010). 
Institute of Race Relations (2010, 2). 
Frost (2007, 240). 
Cohen (2003). 



U K needs to update it self image to accommodate its multicultural diversity . As government 

appears to be the "primary influence on public opinion" there needs to be a real attempt to 

counter such prejudice by the political elite. This cannot be done in a climate of overly 

restrictive asylum policies which criminalise and dehumanise asylum seekers. 

Asylum and immigration are not synonymous. Yet they are conflated in much of 

current political discourse and media stories where asylum seekers are pushed together with 
1 A O 

other migrants as people whose presence is unwelcome . Current law and policy underpin 

this position. At the same time, xenophobic rhetoric directed at asylum seekers is taken out of 

the traditional understanding of racism, posing new challenges for labels such as 'hate crime' 

and for racism itself. The law fuels this hate by lumping all asylum seekers and other migrants 

together as 'unwanted commodities' and in doing so it takes anti-asylum seeker rhetoric 

outside the typical understanding and language of racism posing problems for concepts such as 

'hate crime' and 'racism'. 

The promotion of democracy and tolerance require that society recognise the changing 

face of racism. Crimes perpetrated against asylum seekers are justified by the same arguments 

as other forms of racism. They result from the same misinformation, frustration and fear. At the 

same time they appear to be more socially acceptable; finding support from much of the British 

media and our elected representatives. 

A balanced public debate has been resisted yet is urgently required so that the need for 

international protection is understood and respected149. The effects of positive media coverage 

can be dramatic150. Intolerance can be challenged by a responsible political debate and 

balanced media reportage which must include the airing of 'real life stories'. As we 'lower the 

voices of some to hear the voices of others' we can begin to appreciate the real experiences of 

asylum seekers including the level of open discrimination that is typically part of their daily 

lives151. A process of a sentimental education could serve to challenge the media tendency to 

demonise asylum seekers and the liberalist tendency to 'empty' asylum applicants of their 
1 C O 

diverse experiences in order to categorise and define the legitimate refugee . There is much 

that could be done, but whilst a tough stance on immigration is perceived by many to be a vote 

winner, asylum seekers are caught in an impossible position. As Frost contends: 

Spencer (1998, 91). 
Hayter (2000). 
House of Commons (2009, 179). 
Refugee Action (2006); Wurie Khan (2008). 
Fiss (1996). 
Parker, and Brassett (2005, 236). 



Both government and sections of the media have been pivotal in casting asylum seekers 
(alongside Muslims) as the new 'folk devils' of British society by criminalising these as 
'bogus' economic migrants, as welfare scroungers, terrorists, disease carriers and 
'illegals'. Their alleged high and increasing numbers and alleged refusal to 'integrate' 
represent asylum seekers as undesirables who threaten the cultural integrity of 
Britain . 

Xeno-racism is one way to forge a British identity in a time of economic instability and societal 

insecurity. Asylum seekers, lacking a political voice, have become the easiest target in the 

search for scapegoats154. It would take a brave politician indeed to counter the common-sense 

sentiment that has been fuelled by twenty years of increasingly restrictive asylum policy155. 

The campaign to punish hate crime is praised as a 'radical intervention' by Iganksi who 

perceives it as promoting justice "by attempting to mould the collective conscience"156. It is 

now time to mould that collective conscience again, by acknowledging the effects of current 

asylum policy on the hate debate and on race relations in the United Kingdom. 

Word count: 9689 (exc bibliography). 

153 Frost (1997, 243). 
154 Fekete (2009); Karapin (1998, 216). 
155 Iganksi (2008, 29) observes how this common-sense racism developed in the context of anti-semitism. 
156 Ibid., 94. 



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