Undesirable and unreturnable? Policy challenges around excluded asylum-seekers and migrants suspected of serious criminality but who cannot be removed

1. This project brings together a network of academics, policy-makers and policy bodies to stimulate new cross-boundary debate on the challenges posed to national and international public policy by excluded asylum-seekers and other migrants who are suspected of serious criminality but cannot be removed.

2. Impediments to the expulsion of migrants suspected or convicted of serious criminality pose an increasing challenge for public policy in both the national and international spheres. These obstacles can be 'practical', such as the lack of means to send the person to their country of origin, or 'legal' in nature, as where human rights standards prevent removal. However, even though such cases appear comparatively few in number, they tend to attract significant public interest due to the real concerns that they generate for State migration control, the integrity of the institution of asylum, the role of human rights in contemporary society, and the bringing to justice of perpetrators of serious crimes.

3. This network project analyses and debates the problem in Europe, North America and South America. Among the far-reaching questions to be addressed are:

- What are the scale and key characteristics of the problem and policy response in a selective sample of a range of the most-affected States?
- Do these cases represent the emergence of a 'fundamental system error' (van Wijk) in international law or merely a practical problem in application of the law?
- How should humanitarian issues of 'international protection' be balanced against international criminal law imperatives to counteract impunity?
- Can law respond to address the 'legal limbo' in which such persons find themselves and resolve their situation one way or the other? Are other tools required?
- What are the implications of this situation for the wider legitimacy of refugee law and human rights law? How should these wider contexts inform the search for a solution?
- How should future policy development in relation to this problem take place? What would a coherent and uniform policy on this topic look like?

4. This multi-disciplinary project generates an exchange of ideas on its core themes through promoting research and debate in relevant fields. It operates principally through a Stakeholder group of academics, policy-makers and wider policy bodies. It further facilitates the co-production of knowledge in this area through a range of activities, such as the following proposed conferences and workshops:

- 2015 Amsterdam Workshop.
- 2015 Refugee Research Network moderated online discussion.
- 2016 London Conference with Stakeholders and other academics and practitioners.
- 2015 Network report launch panels with academics and practitioners in London, Amsterdam and Brussels.

Further practical and academic impact will be secured through targeted follow-up activities with different beneficiary and 'user' stakeholders participating in these events.

5. The project seeks to generate mid-long term impact 'through people' to address the security and justice challenges that these cases present by:

- Facilitating the review, development and improvement of State policies in this area;
- Assisting international policy bodies to develop consistent policy in this area; and
- Helping to promote an informed public debate on the topic.

The project will also yield mid-to-long term impact in terms of international leadership and partnerships by promoting international academic collaboration and academic-practitioner partnerships and by increasing the international visibility of UK academic research.

6. The project is based upon international collaboration between the Refugee Law Initiative in the UK and the Center for International Criminal Justice in the Netherlands. The expertise, contacts and networks brought by these two specialised academic centres underpin the success of the network.

1. The project's main practical objective is to assist in resolving the challenges for national and international policy-makers posed by the situation of excluded asylum-seekers and other migrants suspected of serious criminality but who cannot be removed from the territory. This long-term impact will be realised through the fulfilment of five short-to-medium term impacts. These will be secured through targeted activities to maximise the opportunities for users in governments, international organisations and agencies, the third sector, as well as the wider public, to benefit from the work and outputs of the network.

(a) Law, policy and practice: Government policy-makers
The initial pathway for achieving positive changes in this area is through key government policy-makers. Key officials from seven selected States will contribute directly to the work of the project as part of the crucial 2014-2016 Stakeholder group in order to maximise its impact on users. The 2016 London Conference provides a basis for further impact through participation in the debates. Follow-up will be conducted from the UK and the Netherlands by the PI and CI, including through the launch events for the conference report.

(b) Policy and practice: EU (international organisation)
The membership of the EU is particularly affected by the problems addressed by the network project. The key EU official in this field has been invited to contribute to the Stakeholder group 2014-2016. Through the EU government participants, the State-related activities mentioned above constitute another pathway to impact at this level, which will be utilised also by the project. The PI and CI will also conduct a special launch of the project report in Brussels with EU officials and representatives who have confirmed an interest in these themes.

(c) Policy and practice: UNHCR (international agency)
UNHCR requires research and debate on this topic to orient policy and practice with governments and victims. At headquarters level, senior officials charged with developing international policy in relation to asylum-seekers excluded from refugee status will participate in the Stakeholder group 2014-16, including in the 2016 London Conference. Impact upon the international agency will be multiplied through its activities in advising States and funding local partners in the field.

(d) Practice: Third sector
The third sector has the potential to play an important role in responding to the needs of excluded asylum-seekers and other migrants in a similar situation. The RLI has extensive contacts among professional bodies and non-governmental organisations in the refugee field. The CICJ contacts in the international justice field are equally wide-ranging. These will enable the PI and CI to incorporate third sector engagement in the dissemination processes described above, particularly the Conference and project launch events.

(e) Perceptions in the media and wider society
Media presentations of the challenges relating to this class of migrants can be shallow and misleading. Using the UK, Netherlands and European media contacts of the PI, CI and other Stakeholders, the PI and CI will seek to promote a more informed debate through writing newspaper and web articles and giving interviews on radio and television.

2. Additional impact will be created by ongoing dissemination of research outputs via academic/practitioner networks, forums, websites and journals. Impact via all of the above pathways will be mutually reinforcing, e.g. impact on policy of international agencies influences State policy, which is later adopted on the regional level.

3. The project also yields 'international leadership' and 'partnerships' impacts by extending academic-practitioner collaboration in the contact group and other activities, stimulating the co-production of knowledge, and increasing the visibility of UK academic research.