Irregular Migration, Refugee Status and the Law

Through an investigation of the protection needs of ‘irregularised migrants’, this book offers a novel approach to the phenomenon of irregular migration by reframing it as a matter of refugee law.

Thousands of people have died, disappeared, and suffered mental and physical harm on their dangerous migratory journeys to Europe. This book addresses an issue which, so far, has been largely omitted from the study of refugee law: the fact that harm experienced during irregular migration is often as serious as harm feared by recognised refugees in their countries of origin. Grundler argues that harm experienced during dangerous journeys can constitute persecution and that a risk of irregular (re-)migration can form the basis for a claim to refugee status. Drawing insights from comparative content analysis of trafficked persons’ asylum claims, other disciplines such as psychology and sociology, and additional case law, this book provides readers with new understandings on the scope of refugee definition, adds new concepts to migration theories and challenges states’ migration control policies.

This volume will be an important point of reference for scholars, practitioners, policymakers and students working on refugee and human rights law, (irregular) migration and vulnerability.