Temporary protection as a durable solution? The "return turn" in asylum policies in Europe

In Europe today, the term 'temporary protection' brings to mind the collective, time-limited protection granted to refugees from Ukraine. However, temporary protection also describes the increasingly time-limited and insecure terms of asylum for all refugees, particularly following the 'summer of migration' to Europe in 2015. In the aftermath of that period, states introduced new protection categories with more limited rights, stricter requirements for receiving permanent residence, and regular protection reviews to identify people whose need for asylum no longer exists. Dilemmas these policies pose for inclusion and welfare are intensified by the fact that affected refugees often come from fragile states like Somalia, Afghanistan and Syria. Return to their previous homes remains a remote possibility for most. At the same time, they retain only limited membership rights in their place of residence. By investigating (primarily) post-2015 developments in Norway, Denmark, Germany and the UK, the project addresses the following questions: 1) How do changes in national and EU-level laws and policies affect the durability of residence for recognized refugees? 2) How does temporary protection interact with facets of the welfare state designed to promote integration? What areas of conflict exist between asylum and integration policies on the one hand, and the intention of policies and their implementation on the other? 3) How does legal status shape refugees' experiences in the country of residence and their perception of a 'durable solution' to their situation? 4) Are temporary protection practices compatible with refugee and human rights law? Under what conditions? The research consortium includes legal scholars and anthropologists from CMI, the University of Bergen, Coventry University, and the University of Aarhus. In our podcast, Refugee Law and Refugee Lives, we discuss the increasingly temporary terms of refugee protection in Norway, Denmark, Australia and Turkey. The podcast is available at https://soundcloud.com/refugeelives. Please follow our regular blog posts, seminars and other events at: https://www.cmi.no/projects/2506-temporary-protection#latest Web: https://www.cmi.no/projects/2506-temporary-protection

In reaction to the high numbers of refugee arrivals in 2015, European countries have introduced a range of new and enhanced temporary protection policies. These include introducing special categories of group-based protection, downgrading existing status to reduce entitlements, and introducing protection reviews that require refugees to prove their right to remain on a regular basis. In Norway, the government has argued that such measures are integral to a sustainable and credible asylum system, which should not guarantee protection for any longer than needed. Temporary protection policies create unique challenges for the inclusion of refugees in receiving communities, and for the welfare system more broadly. Refugees with temporary status often come from fragile states and are unlikely, for a number of reasons, to actually return in the near future. This project explores the effects of temporary protection policies on refugee law and refugee lives in Norway, Denmark, Germany and the UK. By investigating how (primarily) post-2015 policies change the parameters of protection for Afghans, Somalis and Syrians, the project will produce evidence related to (1) the ways in which temporality is produced through changes to national refugee policies, (2) how these policies interact with facets of the welfare state designed to promote integration, and (3) how temporary status affects how refugees manage the competing demands of settling in Europe and planning for an eventual return. Evidence from this project will inform policy dialogue concerning the tensions and tradeoffs that temporary protection policies involve, in Norway and elsewhere in Europe. It will also critically assess these developments in light of European and international refugee law.