Law, presence and refugee claim determination

Nick Gill, Jennifer Allsopp, Andrew Burridge, Melanie Griffiths, Natalia Paskiewicz, Rebecca Rotter

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The chapter sets out a set of conceptual resources with which to renew attention to the issues of ‘access to’ and ‘exclusion from’ legal justice, with particular attention to legal justice in the context of refugee claims. Drawing on scholarship that resists the opposition of absence and presence and distinguishes various different types of presence, as well as extensive empirical work with asylum seekers claiming refugee status, the chapter shows that they are frequently both present and absent during important parts of the proceedings. The law’s over-emphasis on bodily presence, however, often conceals these complexities. By highlighting this effect, the authors demonstrate that thinking about the relationship between law, space and refugee migration in terms of multiple forms of absence and presence is an important way to reveal how exclusions from legal justice arise.
Original languageEnglish
Title of host publicationHandbook on critical geographies of migration
EditorsKatharyne Mitchell, Reece Jones, Jennifer L. Fluri
Place of PublicationCheltenham, UK ; Northampton, USA
PublisherEdward Elgar Press
Chapter28
Pages358-371
Number of pages14
ISBN (Electronic)9781786436030
ISBN (Print)9781786436023
DOIs
Publication statusPublished - 2019
Externally publishedYes

Publication series

NameResearch Handbooks in Geography
PublisherEdward Elgar

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Cite this

Gill, N., Allsopp, J., Burridge, A., Griffiths, M., Paskiewicz, N., & Rotter, R. (2019). Law, presence and refugee claim determination. In K. Mitchell, R. Jones, & J. L. Fluri (Eds.), Handbook on critical geographies of migration (pp. 358-371). (Research Handbooks in Geography). Cheltenham, UK ; Northampton, USA: Edward Elgar Press. https://doi.org/10.4337/9781786436030.00040