Respect and Asylum

Abstract

Asylum seekers are rarely treated with respect. This is perhaps especially true of institutions that adjudicate the extension of refugee status. In asylum interviews, those seeking refuge are sometimes asked to reveal deeply upsetting stories of their persecution while facing hostility and distrust from their interviewers. I argue that this arises from a failure to properly balance respect with fairness. A maximally fair scheme may not promote respect because ‘fairness‐first’ systems require extensive information to make their judgements. A maximally respectful system might be unfair: without any questioning, some may free‐ride on the trust of others. This article argues that we often place too much emphasis on fairness to the detriment of respect, with a particular focus on the asylum interview. First, I outline the limited discussion of asylum interviews in political philosophy. Second, I consider striking a ‘dynamic balance’ between fairness and respect, as set out by Jonathan Wolff. Third, I argue that a highly idealised version of contemporary asylum interviews puts fairness first at the cost of respect. This fairness‐first model leads to respect deficits in how asylum seekers are treated. Finally, I consider what a respectful asylum determination system might look like, offering three possible routes: civility, humility, and abolition.