The role of state and nonstate actors in developing asylum policy in the UK; focusing on policy and practice of asylum determination processes for non-religious claimants

The role of migration governance enforced by the UK’s Home Office in relation to asylum claims has encompassed a set of policies and guidance notes that are largely publicly available. This paper considers the policy and actual practice that surrounds asylum determination cases for non-religious claims for asylum. Persecution for religion (which includes non-religious beliefs) is embedded within the Refuge Convention. Yet the UK’s Home Office policy and guidance overwhelmingly considers religious asylum applicants. Currently, there is well-established and understood guidance and policies for religious-based asylum claims. Yet, for the non-religious, this guidance is under-developed and, in some cases, inadequate. In practice, there are also significant disparities between the policies and what actually occurs. This paper draws on qualitative fieldwork to analyse how non-religious human rights are articulated within international human rights laws and transcribed into Home Office policies. Reflections will be made on the realities of policy and practice in asylum determination processes at the Home Office which have impacted on a refugee’s access to basic rights and services. The recognition of non-religious people seeking asylum has previously gone overlooked; and thus, there is an urgent need to develop asylum policy within this area. In addition, this paper will consider the roles of nonstate actors such as this project’s collaborative partner, NGOs and advocacy groups.