Legal definition of Failed Asylum Seeker

A “failed asylum seeker” refers to an individual whose application for international protection has been reviewed by the competent authorities of a country and has been formally denied. This decision signifies that the individual does not meet the legal criteria required to obtain asylum status according to international conventions and the relevant national laws.

The reasons for rejecting an asylum application can vary from one country to another. This may depend on the host country’s national policy, its relationship with the country of origin, or the situation of the applicant. The immigration service of the host country may also reject the protection request if it is not convinced by the applicant’s story. It’s worth noting that to obtain asylum rights, one must demonstrate the existence of a genuine threat of persecution in the country of origin.

For a failed asylum seeker, several scenarios may occur depending on the immigration laws and policies of the country in question :

• Obligation to leave the territory : The seeker may be required to leave the host country, either voluntarily or through forced deportation if necessary.
• Possibility of appeal : Depending on the applicable procedures and in certain cases, the seeker has the right to appeal the rejection decision before an appeals board or administrative tribunal.
• Request for alternative protection : The seeker has the option to apply for another type of protection, such as subsidiary protection or residence for humanitarian reasons, if these options are provided for by national legislation.
• Risk of detention or removal : While awaiting the execution of the order to leave the territory, the seeker may be placed in administrative detention or face a risk of forced return to their country of origin or another country where they could be in danger.

Rejected asylum seekers, faced with the denial of their application, are generally vulnerable and exposed to various risks. Among these, they dangerously expose themselves to human trafficking, with the risk of exploitation and manipulation by criminal networks. Moreover, the psychological impact of the refusal of their application can be devastating, leading to increased mental disorders resulting from uncertainty, fear, and stress.