1. ASYLUM SEEKER ACCESS TO EMPLOYMENT AND SOCIAL ASSISTANCE Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012

2. The Asylum Paradox Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012 Every asylum seeker who arrives at the border, whether or not a refugee, represents BOTH  The fulfilment of the receiving state’s int’l obligation AND  The failure of border control Paradox is managed by suppressing indeterminacy of asylum seeker’s identify: purporting to ‘know’ (prior to or independent of RSD) that the asylum seeker is bogus/dangerous/infiltrator/economic migrant eases moral distaste for punitive measures

3. Policy Drivers Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012  Deterrence  Segregation of asylum seekers (physical/social/moral)  Avoidance of fiscal burden to state  Benefits to employers of access to illegalized labour  Legal constraints (usually via judicial application of domestic, regional, international human rights) Legal constraints formally preclude blanket denial of employment access as well subsistence: when do states cross that line?

4. Regional/ Int’l Legal Constraints Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012  Refugee Convention  Employment, housing, public education, social security etc. on same basis as ‘most favoured nation’ or nations guaranteed to refugees, but [arguably] not asylum seekers  ICESCR – social and economic rights (including employment and social assistance) without discrimination, but subject to progressive realization  EU Reception Directive (Recast 2008, amended 2011)  Employment after 6 months, subsistence support  No const’l protection (Australia); not litigated in US, Cda

5. Policy Instruments Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012  Work Permits  Conditioned by: passage of time, occupational sector, location, duration  Social Assistance (from equivalence to percentage of subsistence for citizens/non-asylum seekers)  Cash, voucher, in-kind, mixture  Conditioned by dispersal, pre-requisites, reporting requirements, subject to revocation for breach  Reception Centres, Detention

6. Examples Prof. Audrey Macklin, Faculty of Law, University of Toronto, November 2012  UK  Judicial decisions: Adam (2005)  Australia  Employment under bridging visas, very limited subsistence  US  6 month eligibility for work permit  Varying state level benefits  Canada  Work permit for most asylum seekers, access to social assistance