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Indians living in the US and UK for years without documents, how does the law help asylum seekers?

The number of people arriving from India to the US and UK without documents and applying for asylum at the same time is increasing. There is already a long waiting period for asylum in both countries. In such a situation, some get asylum, but there are many people whose deportation process continues indefinitely. In such a situation, those people stay in the same countries.

Outsiders are being looked at with suspicion and fear

For the past few years, granting asylum has been seen as a major problem in the entire West, including Europe. If we talk about super power America, Donald Trump, who is contesting for the post of President, has made it clear that he will tighten the security at the borders because they are disturbing the balance of the country. Here in Britain, Germany and France, right wing parties have become increasingly popular, which are talking about removing outsiders or banning their entry. But Indians are still going abroad at a rapid pace. And despite the fixed capacity to grant asylum, countries are not able to expel them.

A lot of people apply for British citizenship. But the government there has set a country limit for everyone. Under this, only a certain percentage of people from each country get approval.

US and UK refugees in India what is the legal process Photo AFP

A report by the Indian Express says that the Indian population ranks 15th in terms of asylum. Iran is at the top. 77 to 86 percent of applicants from there get asylum. After this, Afghanistan, Pakistan and China are included. At the same time, only 6 to 9 percent of Indians get approval annually. For example, if we look at the last few years, from 2019 to 2023, less than three hundred Indians were allowed to live without asylum or refugee status.

The backlog in the UK was reduced significantly due to strict measures, meaning old waiting lists could be trimmed. But there were still about a lakh people waiting for a decision, and they were waiting for a long time, not just a week or two.

Why is permission given even without legal status?

The reason for this is the legal system there. If the UK Home Office refuses to grant asylum to someone, he can complain to the Immigration and Asylum Chamber of the court. It takes 11 months for an appeal to be decided. The applicant can stay there till that time. Even if the application is rejected here, the way is not closed. The asylum seeker can go to the Upper Tribunal. If this also fails, then people can go to the court and request for a review.

US and UK refugees in India what is the legal process Photo AFP

Who wants refugee status in the US

Most of the people who come to America to seek asylum are those who are troubled in their country for some reason or the other. This can be war, internal riots or even religious discrimination. Some people want to seek asylum for political reasons. In both cases, the hearing takes a long time. Since 2018, the number of Indian applicants who claim to be victims has increased rapidly but their backlog is not getting cleared. In 2017, the number of pending cases was around 11 thousand, which crossed 53 thousand last year.

Infiltration from the border of a third country

The path to legal asylum there is more difficult than in the UK. In such a situation, people go to America via Canada and apply for asylum. The legal process for those coming from there is quite long. Since they cannot be deported directly, they stay there and keep working. Such people also have the support of the business lobby there. They get workers for themselves without much paperwork.

It is very difficult to send back those who seek asylum

There is always one or the other group that opposes their return in the name of human rights. If we talk about India, it is not a part of the refugee agreement, but here too lakhs of people have come from outside without documents and are working. Especially when asylum seekers enter from a third country, it becomes more difficult to return them. The 2021 report of the Pew Research Center says that Indians became the third largest illegal immigrants in the US after Mexico and El Salvador.

US and UK refugees India what is the legal process Photo Getty Images

Many upheavals in America before the election

Before the elections in November, the US made a big move to attract the Indian population settled here or immigrants from other countries. The White House announced that the Biden administration will allow people living without documents to settle here and apply for citizenship in the coming time. This scheme is being called Parole-in-Place Green Card.

Who will come under the scheme

Under this, those people will be kept who have lived in America for at least 10 years after marrying an American citizen. Or those children can also be eligible for this whose one of the parents is married to an American citizen. In a way, this is a human rights parole, which is given to those who are already living in America. This will give temporary legality and permission to work to more than 5.5 lakh people. Meanwhile, they can also get approval for Green Card for legality. Indians are also included in this.

Source (PTI) (NDTV) (HINDUSTANTIMES)

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