Asylum seekers and the right to freedom of movement

Abstract

The conundrum of immigration has been a constant battle for host countries throughout the years and as a result a large number of people where seeking asylum in these host countries. The freedom of movement is one of the fundamental human rights recognised by both European Law and International Law. The aim of this paper is to firstly, explore the contours of the right of freedom of movement by analysing the provisions of legal instruments, at European Union level and at an International level. When discussing provisions under European Law, a comparison will be drawn-out several times highlighting the freedom of movement exercised by EU citizens compared to non-EU citizens; that is third country nationals focusing particularly on asylum seekers. The subsequent chapter looks at the practical barriers which exist when asylum seekers try to exercise their freedom of movement. Certain restrictions, such as detention, are critically analysed as to conclude whether or not these restrictions are being applied where necessary and if they are applied in a proportionate manner, but most importantly is whether States are abiding by the provisions of the law in cases of detention of asylum seekers. Chapter four also looks at the way forward and suggests that States should refrain from resorting to excessive restrictions which limit the right to free movement of asylum seekers by exploring measures which other countries have adopted serving as better alternatives to detention but that still provide security to the host State and its nationals.