A Comprehensive Analysis

of the Asylum Seeker Experience

in Iceland

Chelsea May
2017

They have no idea what it is like

to lose home at the risk of
never finding home again
have your entire life
split between two lands and
become the bridge between two countries

-Rupi Kaur

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Table Of Contents

Executive Summary .... 3

Introduction.... 3
Methods.... . 4
Defining Asylum Seekers 6
Directorate of Immigration 7
Legal Options. 8
Dublin Regulation... 9
Compliance.. 11
Violations..... 11
Rethinking the Dublin Regulation ... 17
Safe Countries..... 17
Macedonia.... 19
Albania .... 20
Issues...... 23
Mental Health ..23
Unemployment.... 25
Isolation....29
Available Resources.......31
Housing.....33
Conclusion..35
References ..37

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Executive Summary
This research report analyzes the current situation of asylum seekersinIceland.Withthenumberof
asylum applications increasing, it is necessary to assess whether the current system in place is effective.This
report looks at international agreements, Icelands asylum seeker procedures, and the livelihood of thethese
individuals, to analyze the functionality of the asylum seeker process as a whole. A mixed methodapproach
wastakeninordertoinformtheresearchfromavarietyofdifferentviewpoints.ItwasfoundthatIcelandhas
been partially following the Dublin Regulation, despiteusingthedocumenttoregularlyjustifyitsdecisionsin
asylum seeker cases.The Dublin Regulation has outgrown its use, as its original intention is no longer being
met. In addition, Icelands Directorate of Immigration has shown similar issues, in that the numbers of
asylum seekers have surpassed the Directorates ability to properly care for these individuals. The
Directorates decentralized processes for asylum seeker cases have proved to be ineffective, resulting in
inadequate living situations for these individuals .

Introduction
First time asylum applications, in Europe, rose by 1,051,300 (2008: 182,040; 2016: 1,233,340)

between 2008 and 2016.(Refugee Council 2017) The largest increase occurred between 2014 and 2015 in

which the number of first time applicants went from 595,530 to 1,325,560. (Refugee Council 2017) Iceland

has seen anincreaseinapplicationsasaresultofthis.Withinthefirstfourmonthsof2016,Icelandwitnessed

a 300% increase in applicants from the same time period the year prior. (Iceland Monitor 2016) Since then,

the number of asylum seekers in Iceland hascontinuedtogrow,with2017showingthehighestnumbersyet.

(Directorate of Immigration 2017a)

Asylum seekers come to Iceland from all over the world; with the majority coming from Albania,

Macedonia, Georgia and Iraq. (Directorate of Immigration 2017a) Individuals seek asylum for a variety of

reasons, but in order to be accepted as a refugee they must fulfill the definition outlined but the Dublin

Regulation. The Dublin Regulation, is a document that not only defines what an asylum seeker is, but how

they should be treated, how their cases should be handled, and which country is responsible for handling

these cases.(European Union 2003) Iceland makes it clear that they abide by this Regulation and that their

decisions are based off its provisions. (Directorate of Immigration 2017b)

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 In addition, Icelands tlendingastofnun, also known as the DirectorateofImmigration,isincharge

of handling theasylumseekerapplicationsinIceland.Thisincludes,takingcareoftheindividualsduringtheir

time in Iceland and providing them the necessary resources. (Directorate of Immigration 2017b) Their

website outlines the Directorates responsibilities, relevant statistics, and general information about seeking

international protection in Iceland. (Directorate of Immigration 2017b)

However, the growing number of applicants have shown that the current system is flawed. The

followingreportlooksatissuesfacingasylumseekersinIcelandandofferssuggestionsastohowthesecanbe

addressed.

Methods

Information acquired for this report tookplaceinfourmainphases:aliteraturereview,dataanalysis,

participant observation and interviews. All methods of research were used to support and inform the

developing grounded theory.

The literature review focused on a variety of mediums, including: media articles, peer-reviewed

journals, medical journals, Human Right Laws, International Laws, and Icelandic Laws. In analyzing

information from various sources, this report reflected the constant comparative method discussed by

Charmaz (2014) in Constructing Grounded Theory. By comparing the information acquired in the

literature review to other sources ofinformation,thisreporthastakenacomprehensivelookatthemultitude

of issues facing asylum seekers.

Data analysis was used to provide a quantitative aspect to this report. Data analysis is beneficial in

providing quantifiable information to support findings andclaims.(PellInstitute2017)Informationfromthe

Directorate of Immigrations publications on asylum seeker statistics as well as information released on the

housing situation in Iceland, were analyzed to support qualitative findings.

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 One instance of participant observation was used to gain insight from an additional perspective.

Participant observation is a form of active observation commonly used in sociologyorpsychologyinwhich,

the researcher is engaged in the event or scenario in which they are observing. (Sommer) The participant

observation was conducted at a meeting that was held by No Borders Iceland to discuss the case of Joy,

Sunday and Mary from Nigeria, .an asylum seeker case that gained media attention during the time of this

study. (No Borders Iceland 2017a) No Borders Iceland defined their mission as Complete freedom of

movement. That is a long term goal though and untilthen,weaimtopreventviolationsofotherbasicrights

of migrants and traveling people. (No Borders Iceland) Atthemeeting,theasylumseekersandcommunity

members came together to discuss what the next steps for the case were. The observations were used to

inform the research for this report.

Intensive semi-structured interviews wereusedtogivetheoreticaldirectionstoouremergingideas.

(Charmaz 83) The research took a cyclical form as interviews were used to inform the literature review and

the literature review in return directed interview discussions. Intensivesemi-structuredinterviewsareusedto

facilitateconducting,anopen-ended,in-depthexplorationofanareainwhichtheintervieweehassubstantial

experience. (Charmaz 84) This fluid interview structure provided a platform for interviewees to answer

questions that had already developed frompreviousresearch,aswellasinformnewquestionsandideasfrom

alternate points of view depending on their connection to the topic. This was a particularly important tool

given the demographics of the five interview participants: a Project Manager for the Red Cross, Paul

Fontaine, a reporter from an alternative magazine who was the first immigrant member of Icelandic

parliament, Hallgrimur Indriason, a reporter for anIcelandicnewssource,SemaErlaSerdar,thefounderof

a non-governmental organization called Solaris that works directly with asylum seeker affairs, and Katrn

Theodrsdttir, an independent lawyer focused inhumanrightslawandregularlyworkswithasylumseekers.

All five interviewees were well versed in the topic of asylumseekersandofferedavarietyofexpertiseonthe

matter making the findings more diverse.

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Defining Asylum Seekers

The European Commission (2016) defined asylum seekers as those fleeing persecution or serious

harm in their own country and therefore in need of international protection. A more officialdefinitioncan

be found within the Dublin Regulation (2003); a third country national who has made an application for

asylum in respect of which a final decision has not yet been taken. Within this definition is another term,

third country national, that is defined as anyone who is not a citizen of theUnionwithinthemeaningof

Article 17(1) of the Treaty establishing the European Community. (European Union 2003) Article 17(1)

simplyoutlinesthateverypersonofaMemberstateshallbeacitizenoftheUnion.(EuropeanUnion2002)

There are 15 Member States within the Union, which are: Austria, Belgium, Denmark, Finland, France,

Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United

Kingdom. (European Union 2002)

An important part of the asylum seeker definition is that they are individuals for whom a final

decision has not been made. (European Union 2003) There is a misconception that refugees and asylum

seekers are different from one another, and that one groups experiences are typicallyworsethantheothers.

(Fontaine 2017a) Media sources in Iceland have made a distinction between the two groups, creating afalse

image that quota refugees are more deserving of protection. (Serdar 2017) This includes stories highlighting

quota refugees and their successful integration into Icelandic society as well as invitations to meet with the

president, while stories about the assumed criminality and stream of asylumseekersarebeingpublishedin

contrast. (Iceland Monitor 2017; Serdar 2017; Hafsta 2016b) Janet Phillips, on behalf of the Parliament of

Australia (2011), clarified that an asylum seeker is someone who is seeking international protection but

whose claim for refugee status has not yet been determined. The only thing separating these two groupsis

the approval of refugee status. Phillips also saw similar stigmas within Australia, that painted asylumseekers

6
as queue jumpers. (Phillips 2011) These stigmas lead to varying levels of acceptance between quota

refugees and asylum seekers in Iceland, hindering their ability to integrate. (Serdar 2017; Fontain 2017a)

Directorate of Immigration

The Directorate of Immigration is a branch underIcelandsMinistryoftheInterior,withtheofficial

name being tlendingastofnunn. The Ministry of the Interior, also known as the Ministry of Justice, is the

authority responsible for matters relating to the rights of foreigners. (Directorate of Immigration 2017b) As

displayed on their website, theDirectorateofImmigrationhandlesallapplicationsforresidencepermits,whether

those are permits in conjunction with a work permit, or e.g. familyreunification,studentpermits,aupairpermits,

visas and requests for asylum. (Directorate of Immigration 2017b) The Directorate of Immigration abides by a

number international decisions and conventions on asylum seekers, including: UN Refugee Convention, Act no.

96/2002 on Foreigners, and the Dublin Regulation. (Directorate of Immigration 2017b)

The Directorate of Immigration works in collaborationwiththeNationalCommissionerofPolice,police

force, Ministry of Labour, National Registry, etc.(DirectorateofImmigration2017b)Whenasylumseekersarrive,

they are initially in contact with the police where they submit their application forasylum,andtheiridentification

and route to Icelandisinvestigated.(DirectorateofImmigration2017b) Followingthis,individualsareassessedas

to whether they are in need of additional assistance, which is handledbyeithertheDirectorateofImmigrationor

social services within municipalities. (Directorate of Immigration 2017b) Additional services are provided bythe

Ministry the Welfare, and legal counseling by the Red Cross. (Directorate of Immigration 2017b) If an asylum

seeker would like a work permit, theymustfulfillcertainrequirementsandapplyundertheDirectorateofLabour.

(Directorate of Immigration 2017b)

The Directorate of Immigration has been scrutinized for its complexity in a country as small as Iceland.

As you can see from the outline of the asylum seeker process, individuals must navigate a variety ofgovernment

entities and non-governmental organizations, in order to get the resources they need and fulfill mandatory

7
procedures. For this reason, some believe the Directorate of Immigration is obsolete, as Paul Fontaine, of the

Reykjavik Grapevine, argues: If the immigration process is primarily handled by institutions that are not the

Directorate...what then is the Directorate for? (Fontaine 2015)

In addition, the Directorate of Immigration has had a notorious history. On their website, you will not

find information on thishistory,however.TheonlyinformationavailableisonthehomepagethatstatesthatThe

Directorate of Immigration was established on January 1st, 2003. Prior to the that date, the mandate and name

were different. (Directorate of Immigration 2017b) This former name is not provided, however itisknownthat

the Directorate of Immigration was previously named the tlendingaeftirliti, which translated to Englishmeans

The Immigration Supervisory/Surveillance Authority. (Fontaine 2015; Serdar 2017) This name was seen as

problematic due to the assertion that this government agency was surveillancing immigrants and was thereby

removed. (Serdar 2017) In addition to this, the Directorate of Immigration was established in 1939 after Chief

Agnar Kofoed-Hansen attended a seminar held by the SS in Denmark.(Fontaine2015;Serdar2017)Byfounding

an Immigration Authority on the teachings of an SS seminar, it is fair to assume that this The Immigration

Supervisory/Surveillance Authority was not founded in thebestinterestofimmigrants.Thistrendhascontinued

on in recent years as well. The current head of the Directorate of Immigration, Kristn Vlundardttir, who had

previously worked for the National Commissioner of Police, has publicly claimed that these individuals are

asylum shopping or are tourists. (RV 2013; Fontaine 2017a; Fontaine 2015) With this negative perception of

asylum seekers being put forth by the head of the Directorate of Immigration, the government entity that works

directly for and with these people, the institution loses credibility as an impartial institution.

Legal Options

The Directorate of Immigration guarantees access to legal services to allasylumseekersthroughthe

Red Cross. (Directorate of Immigration 2017b) The Red Cross has 15 lawyers available to asylum seekers,

however if an individual wishes to seek out a private lawyer, they are able to do so. (Red Cross Personnel

8
2017) These lawyers are specialized in asylum cases and work to ensure that the rightsofasylumseekersare

being protected. (Red Cross Personnel 2017) These servicesareprovidedduringtheinitialcaseaswellasthe

first appealcasepursuedbytheasylumseeker.(DirectorateofImmigration2017b;Theodrsdttir2017)ifan

asylum seeker receives a second negative, they are given the right to try and reopen their case, however any

motion for them to be deported to their country of origin will remain in place. (Directorate ofImmigration

2017a; Fontaine 2017; Theodrsdttir 2017) Cases atthisstageintheprocessaretakenupbyprivatelawyers

. With asylum seekers having a small amount of financial wealth, many lawyers work on these cases pro bono.

Paul Fontaine, of the Reykjavik Grapevine,explainedthatmanyofthelawyersthathepersonallyhas

spoken to, pick up cases free of charge because they truly believe that the former decisions were unjust.

(Fontaine 2017a) Finding these lawyers can be difficult due to the lack of financial compensation and large

quantity of cases. Inaddition,ifanindividualisdeportedbutstillhastheircaseopenincourt,theyareunable

to be present during their hearings. (Fontaine 2017a; Theodrsdttir 2017) Katrn Theodrsdttir (2017), a

lawyer who has handled a number of asylum cases, explained how this can be problematic. Without being

physically present in court, body language, facial expression,andanumberofotherfactorsarenotabletobe

taken into consideration in analyzing anindividualstestimony.(Theodrsdttir2017)Deniedasylumseekers

are able to apply to have their deportation delayed under special circumstances, however. (Theodrsdttir

2017) Ultimately, unless new evidence surfaces, asylum seekerswhohavereceivedtwonegativedecisionsare

unlikely to get a positive decision on their third hearing. (Red Cross Personnel 2017)

Dublin Regulation

Iceland is among thethirty-twocountriesthatabidebytheDublinRegulation,andisamongthefour

that are not a part of the European Union.(OfficeoftheRefugeeApplicationsCommissioner2016)Iceland

joined the Dublin Convention in 2001, in which the criteriaforwhichmemberstatewoulddecideanasylum

seekers case was established. (Mannrttindaskrifstofa slands 2016) In addition, the Dublin Regulation

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outlines humanitarian procedures that the countries must abide by when handling a case. Iceland, a country

not in obligation to adopt this regulation, has claimed to use the Dublin Regulation in deciding the cases

presented to them. Despite this, Iceland has been in violation in multiple aspects of the regulation. In

addition, the Dublin Regulation asawholeprovestobemoredetrimentalthanhelpfulfortheasylumseekers

as well as the more southern European countries.

The following information was gathered from the Regulation (EU) No 604/2013 oftheEuropean

Parliament and oftheCouncilof26June2013.DublinRegulationwascreatedtoformalizetheprocedurein

deciding which member state would be responsible for deciding a asylum seekers case. The ultimate goal is

the ensure that no one returns to persecution and that only a single member state will handle each case.

(European Union 2013; Directorate of Immigration 2017b) The Regulation outlines that, it is the member

state of initial arrival that is responsiblefordecidingtheasylumcase.Anycountrythatreceivestheindividual

afterwards is allowed,notrequired,tosendthembacktocountrypriortohavetheircasedecided.Thisisalso

reversible if it is proven that the asylumseekershouldnotreturntotheinitialcountryforsignificantreasons,

including inhumane treatment.

Additionally outlined by the Regulation (EU) No 604/2013 of theEuropeanParliamentandofthe

Council of 26 June 2013, is the standards of treatment that the Member States must provide all asylum

seekers. Five of which are: prioritizing the best interests of children, respect for family as a primary

consideration, individuals can not be detained on the solebasisthattheyareseekingasylum,thattransfersto

other Member States should be done on a voluntary basis in a humane manner, in full compliance with

fundamental rights and respect for human dignity, and that each case is fully observed. (European Union

2013) These five standards of care, are those that have been violated in Iceland, a country that uses the

Dublin Regulation as a justification for many of its decisions surrounding asylum seekers. The use of case

studies will be used to illustrate these violations in a later section.

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Compliance

In data published by the Directorate of Immigration, we see that from January to July of 2017,731

asylum cases were decided upon in Iceland. Of the 731cases,164ofthoseweredeterminedtofallunderthe

Dublin Regulation. This comprises 22.44% of thecasesseeninthissevenmonthperiod.(TheDirectorateof

Immigration 2017a) Due to Icelands location, it is difficult for individuals to have the country as their first

place of arrival in their asylum seeking journey, so the large number of Dublin cases is not shocking.

(Klngur 2013)

Iceland makes it very clear that they follow the Dublin Regulation, citing it in the Directorate of

Immigrations website under the Asylum Seeker information tab. (Directorate of Immigration 2017b) On

the website, they outline the protocol for deciding which Member State is responsible for a case, including:

time requirements, analyzing whether the other member state is a safe place fortheindividualtoreturn,and

the process of appealing a Dublin decision. (Directorate of Immigration 2017b) If someone were to seek

additional information on the Dublin Regulation, the website has attached the full 29 page documentofthe

Dublin Regulation in English. (Directorate of Immigration 2017b) While the website does a good job of

summarizing the procedural aspects of the regulation, a lot ofwhatisleftoutarethehumanitarianstandards

(as previously discussed) in which asylum seekers are entitled to.

Violations

Children

The primaryconsiderationoutlinedbytheEuropeanUnionintheDublinRegulationaretherights

of children. It is directly statedthat, Inaccordancewiththe1989UnitedNationsConventionontheRights

of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the

child should be a primary consideration of MemberStateswhenapplyingthisRegulation.(EuropeanUnion

11
2013; European Union 2012) However, a statement by The Icelandic Red Cross in collaboration with

UNICEF, the United Nations International Childrens Emergency Fund thats primary concerns are in

childrens rights, was released claiming that Iceland hasrepeatedlybeeninviolationoftheserightswithinthe

asylum seeking community . (UNICEF 2015) These violations include: not accounting for childrens

testimonies, not receivingeducation,noaccesstoplaygroundsatfacilities(i.e.BjarhrauninHafnarfjordur),

and issues surrounding unaccompanied minors. (UNICEF 2015). This claim was reaffirmed by the

interviewed project manager for the Red Cross that expressed their concerns that some asylum seeking

children were not receiving an education or any form of entertainment during their stay. (Red Cross

Personnel 2017) Not providing an education for these children violates Part 1, Article 28 oftheUnited

Nations Convention on the Rights of the Child, Article 14 of theCharterofFundamentalRightsofthe

European Union , and under Protocol 1, Article 2 of the European Convention of Human Rights and

Fundamental Freedoms, all of which guarantee the right to an education. (United Nations 1989;

European Union 2012; Council of Europe 1998)NotprovidingactivitieswithinfacilitiesviolatesPart1,

Article 31 of the United NationsConventionontheRightsoftheChild, thatensuresthatchildrenhave

the right to engage in play and recreational activities. (United Nations 1989) Additionally, by not

hearing the testimonies of children seeking asylum, Iceland is in direct violation of Part 1, Article 12of

the United Nations Convention on the Rights of the Child, that statesthatanychildwhoiscapableof

forming his or her own views the right toexpressthoseviewsfreelyinallmattersaffectingthechildas

well as Article 5, Section 3d of the Dublin regulation. (United Nations 1989, European Union 2013)

It is stated in Part 1, Article 3 of theUnitedNationsConventionontheRightsoftheChildthatIn

all actions concerning children, whether undertaken by public or private social welfareinstitutions,courtsof

law, administrative authorities or legislative bodies, the best interests of the child shall be a primary

12
consideration. (United Nations 1989) This is clearly violated inseveralrecentcasesthathavebeenbrought

to the attention of the media in Iceland.

In attending a meeting held by No Borders of Iceland regarding the case of Joy Lucky, Sunday

Iserien, and Mary Little, it was discussed how the family had received the rejection of their appeal the week

prior, despite their attempts to prove that Nigeria was not a safe place for them to be due to political

persecution. (No Borders Iceland 2017a) The family has been living in Iceland for a year and a half, with

Sunday working in Iceland and Mary attending school and having learned Icelandic. Mary, who had never

lived in Nigeria, was called to be deported alongside her family. (Helgason 2017;NoBordersIceland2017a)

A decision to keep Mary and her family in Iceland would beinthebestinterestof herrightsasachild.This

is because MaryhasonlyeverattendedschoolinIceland,knowsthelanguage,hasmadeconnectionswiththe

community, and has never been aresidentofthecountrytheyaresendingherto.Despiteallofthesefactors,

Marys testimony was not taken into consideration, which violates rights previously discussed. In addition,

under the claims of Sunday and Joy, there is reason to believe that returning to Nigeria could be potentially

dangerous for the family. (Helgason 2017; No Borders Iceland 2017a) In the meeting, it hadbeendiscussed

that there are many individuals who found the case to be in violation of the rights of Mary (No Borders

Iceland 2017a)

Family

The Dublin Regulation claims to keep the dignity of families as a primary concern when handling

asylum seeker cases. (European Union 2013) In specific, it is stated thatthemembersofonefamilyarenot

separated andthatultimatelyfamilyunificationisinthebestinterestofthechildren.(EuropeanUnion2013)

However, recentcasesofdeportationanddetentioninIcelandhaveshownpoliceofficialsseparatingfamilies,

despite going against various laws.

13
 Eugene Imotu, an asylum seeker from Nigeria was taken into custody in June 201 without any

warning. (Sigurardttir 2017) Left behind were Eugenes wife and three children, one of which had been

born in Iceland earlier in 2017. (Fontaine 2017b) The justification for his arrest was found withinSection5,

Article 28 of the Dublin Regulation in which detaining an asylum seeker is found permissible if there is

significant risk of absconding. (European Union 2013) However, as pointed out in an interviewwithPaul

Fontaine, a former member of Parliament and afounderoftheNewIcelandersParty,theriskofabsconding

within Iceland is unreasonable, due to its geographic makeup and small size. (Fontaine2017)Separatingthis

family under unjustifiable detention is in violation of the Dublin Regulationsstandardofcareforfamiliesas

well as Article 9 of The United Nations Convention on the Rights of the Child thatguaranteesthatachild

shall not be separated fromhisorherparentsagainsttheirwill,exceptwhen...suchseparationisnecessaryfor

the best interests of the child. (European Union 2013; United Nations 1989; Sigurardttir 2017)

In a similar case, Paul Ramses was an asylum seeker from KenyawhowasdeportedtoItalywithout

his wife and child. (Magnsson 2013) Italy had granted him his initial VISA, therefore, under the Dublin

Regulation, was responsible for handling his case. (European Union 2013; Magnsson 2013) At the time of

his deportation, Ramses was separated from his child who was born in Iceland, violating similar rights to

those violated in the case of Eugene Imotu, including the rights of his child. (Magnsson 2013; United

Nations 1989) It was later decided that his case would bedecidedinIcelandduetohisgivencircumstance,a

right which is granted in Article 24 of the Dublin Regulation. (European Union 2013)

Detainment

Revisiting the subject of detainment, we see that under the Dublin Regulation, detainment is only

allotted when there isreasontobelievethattheindividualmaytryandfleeorescape.(EuropeanUnion2013)

It is also explicitly stated that an individual is not allowed to be detained on the sole basis that they are an

asylum seeker. (European Union 2013) In revisiting the case ofEugene,thefatherwhowasarrestedwithout

14
warning and taken from his family, we see that his arrest was against the Dublin Regulation. There was no

evidence or reason to believe that he was in risk of fleeing the country, making his arrest illegal under the

Dublin Regulation. (European Union 2013) As quoted by Paul Fontaine, Eugene Imotus lawyer said that

there was no legal reason for the arrest. (Fontaine 2017b)

Deportation

In the caseofEzeOkafor,anindividualfromNigeriathathadbeendeniedasyluminIceland,wesee

violationsoftheDublinRegulationsprovisionsondeportation.AfterbeingdeniedasyluminIceland,Okafor

was detained in animmigrationoffice,wherehewastoldtogoinefforttohavehisasylumcasere-processed.

(Carleton, Garen 2016) Eze told the Al Jazeera that the next morning he was informed that he was to be

deported to Sweden, where under Article 19 of the Dublin Regulation, he was no longer under the

jurisdiction of due to the amount of time that had passed. (European Union 2013; Carleton, Garen 2016)

Okafors transfer to Sweden, his Dublin country, violates Section 1 of theDublinRegulationinwhichthe

transfer of an asylum seeker to another member state must be undertaken in a humane manner, in full

compliance with fundamental rights and respect for human dignity. (European Union 2013)Withoutbeing

previously informed of his deportation and not being granted the right to a propergoodbyetothosehewas

leaving behind, his deportation was inhumane and did not respect his human dignity.

Eze Okafors detainment and deportation shows evidence of a startling trend, in which asylum

seekers are being deported without notice. (No Borders Iceland 2017a) In a study published by Social

Science & Medicine, itwasfoundthatimmigrantsaremorelikelytoreporthighlevelsofstresswhentheyare

in fear of deportation. (Hacker et al. 2011) By adding this concern that their deportation mayoccurwithout

notice,itiscleartoseehowthismaynegativelyaffectmentalhealth.ThisisinviolationofTitle1,Article3of

the European Convention on Human Rights in which Everyone has the right to respect for his or her

physical and mental integrity. (Council of Europe 1998)

15
 In addition, the Dublin Regulation states that the transfers must be in compliance with the

Commission Regulation (EC) No 1560/2003. In Chapter 3, Article 7 of the Commission Regulation, it is

stated that The Member State making the transfer shall ensure that all the asylum seeker's documents are

returned to him before his departure, given into the safekeeping of members of the escort to be handed to

the competent authorities of the Member State responsible, or sent byotherappropriatemeans.(European

Union 2003) Eze Okafor was also denied this right by Icelandic authorities. According to Eze Okafors

account of his deportation as told by Al Jazeera, he wasnotgivenbackhisNigerianidentificationcardupon

his arrival in Sweden, and that it was taken back to Iceland. (Carleton, Garen 2016)

Case Observation

Full and individualcaseobservationsareacontinuallyviolatedrightofasylumseekersinIceland.For

those coming from safe countries (International Law [the Geneva Convention] and EU law [the Asylum

Procedures Directive] consider a country safe when there is a democratic system and generally and consistently:

No persecution, No torture or inhuman or degrading treatment or punishment, Nothreatofviolence,Noarmed

conflict. (European Commission)), their cases are often looked at broadly and more often than not, are denied.

There is evidence of this in the Directorate of Immigrations statisticoncaseresultsfor2017alone.Forexample,

Albania is considered a safe country under the European Unions verdict and only three of the 178 asylum

applicants in Iceland, received a positive decision. (Directorate of Immigration2017a;EuropeanCommission).

Macedonians also follow similar trends with none of the 217 applicants receiving a positive decision.

(Directorate of Immigration 2017a) The term safe country has been put under criticism as it is seen as a

way for Member States to view cases broadly as opposed to individually (Serdar 2017; Mouzourakis 2014)

The Directorate of Immigration outlines on their website that asylum seekers from safe countries will be

put into an accelerated procedure, a procedure that often ends up with negative results. (Directorate of

Immigration 2017b)

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Rethinking the Dublin Regulation

The Dublin Regulation as a whole has fallen under scrutiny for its inabilitytoliveuptoitsintended

purpose. As Sema Serdar, the founder of Solaris that works in promotion of the rights of asylum seekers,

stated that one of the original intentions of the Dublin Regulation was to ensure that asylum seekers would

receive the same treatment no matter which Dublin Country they arrived in. Sema argued that this is not

being upheld, as Nordic countries are taking advantage oftheDublinRegulationandsendingasylumseekers

back to countries like Greece, Italy or Germany.(Serdar 2017) This claim is supported by other publications

that have analyzed the effectiveness of the Dublin Regulation in its current context. (Mouzourakis 2014)

The main complaint being that the first country rule of the Dublin Regulation creates a

bottleneck effect in the southern countries in whichasylumseekersaremorelikelytofirstenter.(Fontaine

2017a) Upon entering northern countries, it is unlikelythatanasylumseekerhasyettostepfootinanyother

country that follows the Dublin Regulation. Because of this, the northern countries are able to send asylum

seekers back to the first country in which they arrived, putting strains on asylum systems in southern

countries(i.e.Germany,Italy,Greece).TheUnitedNationHighCommissionerforRefugeesreleasedareport

on this issue early last year, highlighting the crisis in Italy andGreececausedbythousandsofasylumseekers

being called to relocate to one of the two countries under the Dublin Regulation. (UNHCR 2016)

Safe Countries

Analyzing the safe country terminology more in depth, the European Commission has published

the definition of safe countriesbasedontheGenevaConventionandtheAsylumProceduresDirective, in

which it is defined as a country where there is a democratic system and generally and consistently: no

persecution, no torture or inhuman or degrading treatment or punishment, no threat of violence, and no armed

conflict (European Commission 2015) In the Copenhagen Criteria, that discusses the requirements a country

17
mustfulfillinordertobeconsideredacandidateforjoiningtheEU,itstatesthatcandidatesmustbeconsidereda

safe country. (European Commission 2015) The additional guidelines set out by this document include that the

government provide: guaranteed democracy, rule of law, human rights and respect and protection of minorities.

(European Commission 2016)

The premise of safe countries, within the context of the Dublin Regulation, is that individuals from

these countries are in no significant danger under this criteria, however still have the right to apply for asylum.

(European Commission 2015) The European Commission (2015) also notes that 17% of the total asylum

applications come from 7differentsafecountries.Whiletheseindividualshavetherighttoapplyforasylum,the

likelihood of their application being accepted is very slim. (Serdar 2017)

The following data was gathered from the Directorate of Immigrations published statistics on asylum

seeker cases from January to July of 2017. The data shows that individuals from twelve different safe countries

applied for asylum in Iceland in the sevenmonthperiod,accountingfor460ofthe731applicationsthathadbeen

submitted with the majority of those being from Albania and Macedonia. (Directorate of Immigration2017a)Of

those applications, only six were accepted (6/460 = 1.30%). 122 of the applications got rejected and 276 were

closed for other reasons not listed. This resulted in 398 of the 460 of the applications being denied asylum in

Iceland (398/460 = 86.52%).

TheDirectorateofImmigrationswebsiteoutlinesthepriorityprocedure,inwhichindividualasylumcases

are expedited in ordertoreachadecisionsooner.Oneofthecriteriastatesthatacasemaybeconsideredapriority

if an individual is from a safe country. (Directorate ofImmigration2017b)BetweenJanuaryandJulyof2017,101

of the total asylum applications were considered priority cases, with individuals from safe countries making up

91 of those (91/101 = 90.09%). (Directorate of Immigration 2017a) IntheinterviewwithSemaSerdarofSolaris,

when asked what the priority cases meant for those from safe countries, she stated that most all of them will

receive a negative response. (Serdar 2017) This statement was verified, as none of these 91 applications were

accepted. (Directorate of Immigration 2017a)

18
 This brings up the question asked by PaulFontaine(2016),inhisarticleJustHowSafeAreTheSafe

Countries People Seek Asylum From? as well as by the European CouncilonRefugeesandExileswhowrotea

report questioning the terminologyofsafecountries.(EuropeanCouncilonRefugeesandExiles2015)Fontaine

sighted that countries like Macedonia and Albania, whose asylum seekers account for 395 ofthe460applications

in Iceland (395/460 = 85.87%), have been criticized by Human Rights Watch and Amnesty International for

violations of human rights. (Fontaine 2016; Directorate of Immigration 2017a) In the following sections, we will

look at both Macedonia and Albania as case studies for the safe country terminology.

Macedonia

Macedonia accounts for 217ofthe731asylumapplicationsfromJanuarytoJulyof2017(217/731=

29.69%). (Directorate of Immigration 2017a) None of the 217 applications were accepted during that time.

Macedonia, an European Union candidate, has been considered a safe country for a number of years.

(European Commission 2015) However, Macedonia has been under criticism by organizations likeAmnesty

International for its human right violations (Amnesty International 2017).

Macedonia has one of the highest unemployment rates in the world, with 23.10%ofthepopulation

unemployed in 2016. (CIA 2017b) In addition, 21.5% of the population lives below the poverty line. (CIA

2017a) Poverty levels in Macedonia increased by 11% between 1997 and 2005. (Spence 2015) Poverty is

especially common among families with children, representing 66% of theimpoverishedpopulationin2005.

(Spence 2015) However, having economic instability does not necessarily qualify a country to be unsafe,

leading some to speculate that individuals from Macedonia are economic migrants. (Hafsta 2016b;

EuropeanCommission2015)Butoftentimes,economictroublesaretiedtopoliticalinstability,somethingwe

are able to see taking place in Macedonia. (Annett 2001)

The Global Peace Index is a measurement madebytheInstituteofEconomicsandPeacethatlooks

at the social and political levels of peace within individual countries, and ranks them. (Vision of Humanity

19
2017) In 2015, Macedonia came in at 79th on the Global Peace Index, buthassinceseenadramaticdropin

peace levels as it fell to 95th in 2016 and102ndin2017.(VisionofHumanity2017)TheGlobalPeaceIndex

also allows one to analyze individual indicators of peace. Allindividualfactorsaremeasuredonascaleof1.0

to 5.0, 1.0 indicating the most peaceful conditions. (Vision of Humanity 2017) Since 2008, Macedonia has

consistently high levels of political instability, registering a 3.0 onthescalein2017.Withinthelasttwoyears,

a .25 increase in thelevelofpoliticalinstabilityhascorrelatedwitha0.5increaseinthelevelofpoliticalterror

(2.0 in 2016 to 2.5 in 2017). Similarly, the level of internal conflict has seen a 1.0 increase from 2.0 to 3.0

between 2015 and 2016, and has remained constant since.

Macedonias political crisis is no secret in the media. Ethnic disputes between Macedonians and

Albanians and their respective political parties, have caused unrest in the country, as thesetwogroupsmake

up 89.4% of thepopulation.(Euractiv2017;CIA2017a)AstudydonebyAnthonyAnnett(2001)onpolitical

instability, showed that societies with this sort of ethnic tension can potentially be considered unstable.

Amnesty International also reported findings on the corruption and illegal surveillance that exists within

Macedonias government. (Amnesty International 2017)Inrecentyears,anumberofpublicprosecutorswere

investigated for illegal surveillance that was being conducted. (Amnesty International 2017)

Other concerns of safety include violence and security. Macedonia has scored consistently high on

both the levels of police insecurity and levels of violent demonstrationsandcrimefrom2008topresentday.

(Vision of Humanity 2017) With high threats of violence, this alone disqualifies Macedonia from being

considered a safe country, especially having a police force under the government that is known to be

dangerous. (European Commission 2015)

Albania

Albania makes upthesecondlargestgroupofasylumapplicantsinIceland,accountingfor178ofthe

731 applications fromJanuarytoJulyof2017(178/731=24.35%).(DirectorateofImmigration2017a) Only

20
three of these applications were given a positive response. In Belgium, Albania had been considered a safe

country for a number of years, but was removed by the Council of State. (Asylum Information Database

2015) In the Royal Decree of 23 June, 2016, the decision made to consider Albania a safe country (Royal

Decree of 11 May 2015), was temporarily revoked. This decision was made on the basis of analyzing the

current state of the country and the risks individuals face; namely blood feuds and homophobia. (Belgium

2016) Despiteknowingoftheseissuesbeforehand,theoriginalverdictwasdecidedonbecausetheserisksdid

not fulfill the legal criteria in which Albania would be considered unsafe. (Belgium 2016)

In the aforementioned Royal Decree of 11 May 2015, a claim was made that despite the safe

country label, 12.9% of asylum applications by Albanians had been approved in 2014duetotheanalysisof

individual cases. (Belgium 2015) The Asylum Information Database criticized this point,seeingthisasproof

that the label of safe countries is obsolete if each case is looked atindividuallyandindividualsareproving

that their situations are unsafe in Albania. (Asylum Information Database 2015) The Directorate of

Immigrations websiteexplainsthatAlbaniaisconsideredasafecountrybecause Humanrightsaregenerally

respected by the Albanian authorities, and both local and foreign human rights organizations have operated

there withouthindrance.(DirectorateofImmigration2017b)Ifthisistrulythecase,Albaniawouldnothave

56% of its population stating that they are willing to flee to another country for a better life, the second

highest in the world. (Times 2017) We will focus on three aspects of the situation in Albania that make its

status as a safe country refutable: corruption, blood feuds, and homophobia.

In a publication released by Germanys Federal Office for Migration and Asylum (2017), the

corruption in Albania was broughttolight.Albaniaisoneofthelargestproducersofmarijuanaandheroinin

Europe, making it an active drug trafficking location. (Federal Office for Migration and Asylum 2017; Pike

2013) In addition, Albania isalargesightforhumanandlabortrafficking,andthegovernmenthasdonelittle

to stop it. (Amnesty International 2017; BBC News 2017; UN Women 2016; Rural Poverty Portal; Taylor

2017;Research Directorate Immigration and Refugee Board of Canada 2008) Because of the high levels of

21
various forms of trafficking, the government is considered to be corrupted as it has been tied to mafias.

(Federal Office for Migration and Asylum 2017) Those in positions of power in Albania have no

repercussions for engaging in illegal activity, as it is established in law that All members of Parliament,

Ministers, Judges (trial, appellate, Constitutional, and Supreme Courts), Central Election Commission

members, the People's Advocate, and the Chairman of the High State Control (an independent body) enjoy

Constitutional immunity from prosecution for all criminal offenses. (Pike 2013) The corruption that exists

within the Albanian government has lead to lower levels of security (2.665 on the Global Peace IndexScale

for security [Global Peace Index 2017])(Pike 2013; Federal Office for Migration and Asylum 2017), lower

quality of life (Times 2017; Federal OfficeforMigrationandAsylum2017),andlimitedopportunities(Times

2017;FederalOfficeforMigrationandAsylum2017). Inaddition,risingnumbersofdisappearancecasesand

the violations of children's rights have gone unaddressed, proving Albania to be a dangerous place to live.

(Amnesty International 2017; Pike 2013; BBC News 2017; Qokaj 2016)

While the government may pose no direct risk of violence, violence is extremely common in

Macedonia, registering at a 3.0 on both the scale for violent demonstrations and crime for the past 3 years.

(Global Peace Index 2017) A large portion of violence manifests in blood feuds, defined by Albanian

specialist, Stphane Voell, as a culturally embedded action of groups, contrary] to vengeance, where

individuals take [the] law in their own hands. (Voell 2003) While these blood feuds occurindependentlyof

the government, the governments corrupt state has provided little security to those in risk. (Pike 2013) In

addition, the fear ofbeingmurderedforoneslineagehasbeenknowntoforcepeopletohideintheirhomes,

causingchildrentomissoutonreceivinganeducation.(Pike2013)Whilehomeschoolingisavailabletothese

children throughUNICEFincooperationwiththeAlbanianGovernment,thetraumaoffearingforoneslife

will greatly affect their ability to learn. (Research Directorate Immigration and Refugee Board of Canada

2008; Wright et al. 2014)

22
 Lastly, Albania has been considered one of the most homophobic nations intheworldwith53%of

the population being against the LGBTI lifestyle. (McCormick 2013; VICE Staff 2015; ILGA 2017)

Homosexual activities, in recent history, were punishablebylawinAlbania,oftenresulting inimprisonment.

(VICE Staff 2015) The risk to individuals with diverse sexualities, was noted in the Royal Decreeof11May

2015, but was seen to have been improving based on changes in legislation. (Belgium 2015) Despite these

changes in law that promote the rights of LGBTI individuals, there has been very little implementation,

resulting in minimal improvement in the quality of life for these individuals. (ILGA 2017) In the Europe

Annual Review of 2017 on LGBTI rights, Albania was criticized on the following issues: bias-motivated

violence, employment opportunities, asylum, equality and non-discrimination, family life, health, freedom of

assembly, freedom from torture, and access to goods and services. (ILGA 2017)

Issues in Iceland

While a multitude of issues face asylum seekers, we will be focusing on five issuesthatappeartobe

most pressing. These issues include: mental health, unemployment, isolation, resources, and housing. These

five issues show a great degree of overlap, as they do not occur independently of one another. This

interaction provides asylum seekers with a complex set of issues inwhichtheyareforcedtonavigateastheir

cases are being processes. It is believed that if change were to occur inthesefiveareas,thequalityoflifefor

asylum seekers would improve significantly.

Mental Health

Asylum seekers are in a particularly vulnerable positionintermsoftheirmentalhealth.Manystudies

exist showing the heightened amount of stress that refugees and asylum seekers face as they immigrate to

another country. (Goodkind et al. 2014; Carswell et al. 2017; Muller et al. 2017; Droek et al. 2013; Tribe

2002; Silove et al. 2000; Mohan et al. 1998) Asylum seekers, from a variety of different ethnic backgrounds,

23
have shown higher rates of anxiety, depression andPTSDoverrefugeesandimmigrants.(Mohanetal.1998;

Silove et al. 2000; Muller et al. 2017) Several studies suggest this may be due to the insecurity that

accompanies having an undecided residency status. (Droek et al. 2013; Muller et al. 2017; Tribe 2002) In

addition, the length of time that Iceland has beenknowntotakeindecidingthesecases,cancauselong-term

stress, but efforts in the past have been made to reduce waiting times. (Hermannsdttir 2015)

For asylum seekers, relocating comes with the loss of onescurrentlifeandimaginedfuture.Coping

with this, along withthetraumaoftheirexperience,putsasylumseekersinavulnerablementalstate.Arriving

in a safer country is not sufficient to entirely alleviate these stressors either. (Tribe 2002) Instead we see

that the mentalhealthofasylumseekersishighlydependentontheconditionsoftheirnewlifeinthecountry

in which they arrive. (Goodkind et al. 2014; Carswell et al. 2017; Silove et al. 2000; Mohan et al. 1998;

Droek et al. 2013)

Studies have found that post-migration factors that asylum seekers face, including lack of

meaningful social roles, poverty, unemployment, lack of environmental mastery, discrimination, limited

English proficiency, and social isolation (Goodkind et al. 2014), contribute negatively to mental health as

much, if not more, than traumatic experiences before immigrating. (Goodkind et al. 2014; Carswell et al.

2017; Silove et al. 2000; Mohan et al. 1998; Droek et al. 2013) In a study donebyRasmussenetal.(2010)

that looked at the mental health of refugees from Eastern Chad, they foundthatnotonlydopost-migration

factors have a largeinfluenceonmentalhealth,butthatapositivenewenvironmentcanbetteranindividuals

psychological state.

Because of these findings, organizations like theHumanRightsandEqualOpportunityCommission

and the World Health Organization havepushedfortheimprovementofdailylifeforasylumseekers.(Sidoti

1998; World Health Organization 2008) Chris Sidoti, who wrote on behalf of the Human Rights and Equal

Opportunity Commission, put a large emphasis on the importance of engaging in activity as well as

preventing boredom and monotony in the lives of asylum seekers, believing this was a catalyst for other

24
potential issues. (Sidoti 1998) The World Health Organization, on the other hand, encouragedadistribution

of money, power, and resources to improve the quality of life. (World Health Organization 2008) Both

organizations are calling for change so that asylum seekers and all individuals may live a just and acceptable

life. In the Universal Declaration Human Rights, Article 25 ensuresthatallindividualswillhavetherightto

a standard of living adequate for the health and well-being of himself and of his family (United Nations

1948) Health has been defined by the United Nations to include mental health, a right that Iceland should

take the proper steps to ensure for the asylum seekers who reside there. (OHCHR 2017) In the following

sections we will look at the suggestions made to improve the quality of life, in comparison to the current

situation facing asylum seekers in Iceland.

Unemployment

As outlined by Icelands Directorate of Immigration,thoseseekingasylumareeligibletoapplyfora

temporary work permit during the time in which their application is being processed. Once an applicant is

approved, all assistance from the municipality is terminated. Because of this, an individual must meet a

multitude of requirements to be granted a work permit, in which: they apply for temporary residence, apply

for a work permit based on special reasoning, acquire an employment contract, show proof of medical

insurance, submit a payment of 12.000 ISK, and provide a housing certificate. (The Directorate of

Immigration 2017). While the workpermitdoesnothelptheircaseinanyparticularway,thisopportunityfor

employment is beneficial for asylum seekers, since employment has been linked to reduced stress, anxiety,

depression and an overall better well-being by increasing self-worth and a sense of dignity. (Leopold et al.

2017; Smari et al. 1997; Bckerman, Ilmakunnas 2005; Fleay, Hartley 2015; Edwards 2005;Fleayetal.2013)

Because of this, employment as has been defined as fundamental to human dignity. It is centraltosurvival

and development of the human personality. (University of Michigan LawSchool2010)However,obtaining

25
this permit is most often not a feasible option for asylum seekers due to current socio-economic issues

present in Iceland.

In an interview with a project manager fromtheRedCross,whoworksdirectlywithasylumseekers,

they disclosed that one of the largest barriers for asylum seekers in obtainingaworkpermitistheirabilityto

get access to housing. (Red Cross Personnel 2017) They stated that due tothegrowingeconomy,employers

have posed little resistance to hiring asylum seekers, however the demand for labor is far outgrowing the

available housing in Iceland.

Landsbanki Economics Department of Iceland published a report earlier this year stating that

apartments and houses have seen a 18.6% overall increase in prices in the last 12 months. (Landsbanki

Economics Department, 2017) This increase is taking place in both single family and multi-family homes.

Landsbankinn cited the source of rising prices in housing is due to an overall shortage. Withthejobmarket

not suffering any shortages, housing is failing to keep up and it is estimated that as of July 2017, there is a

shortage of approximately 4,600 apartments in Reykjavik alone. (Housing Prices in Reykjavik up 21% in 1

Year 2017) The figure below, which uses data gathered from the Central Bank of Iceland, illustrates the

dramatic decrease in properties available on the market in recent years.

Source: Landsbanki Economics Department . "Fjldi eigna til slu." Landsbankinn. N.p., n.d. Web.

20 July 2017.

26
 Without the ability to acquire a housing certificate, asylum seekers are unable to acquire a work

permit. Being deprived of the opportunity to work contributes to negative mental health and well-being of

asylum seekers. There have been many studies showing a correlation between unemployment and poor

mental health. (e.g. Mckee-Ryan et al. 2005; Leopold et al. 2017; Smari et al. 1997; Underlid, 1996;

Bckerman, Ilmakunnas 2005) Unemployment is considered one of the post migration stressors that

asylum seekers may face; others include: lack of meaningful social roles, poverty, lack of environmental

mastery, discrimination, limited language proficiency, socialisolation. (Goodkindetal.2014)Inastudydone

in Germany comparing how German natives and immigrants experience unemployment, it was found that

immigrants will experience more of a decline in their well-being overtime. (Leopold et al. 2017) This study

also sighted that involuntary job loss tends to have the most negative effect on individuals (Kassebohmer,

Haisken-De-New 2009), a common transition into unemployment experienced by asylum seekers who were

forced to leave their home countries behind. In addition, Fleay and Hartley (2015) found that some asylum

seekers come from high skilled professions or high levels ofeducationalattainment,andexperiencealossof

self-worth when denied the ability to apply this in their asylum countries.The negative implications that

unemployment has on asylum seekers adds to the already existing stress that accompanies the process of

waiting for the decision on their asylum claim. (Fleay, Hartley 2015; Fleay et al. 2013)

There are ways to reduce the negative effects brought on by unemployment, however.Itwasfound

that social support (Mckee-Ryan et al. 2005; Smari et al. 1997), financial security (Mckee-Ryan et al. 2005;

Smari et al. 1997; Bckerman, Ilmakunnas 2005),andtimestructure(Mckee-Ryanetal.2005;Underlid1996)

are among a few of the ways in which individuals are able to positively cope with being unemployed.

However, asylum seekers in Iceland have little access to such resources. This is due the isolation, minimal

financial assistance, and lack of structure, that asylum seekers receive.

Employment opportunities can help counteract feelings of isolation experienced by asylum seekers

by providing an opportunity to participate in and contribute to their host community, while improving

27
languageandotherskills.(Edwards2005)Inastudydoneby,Goodkindetal.(2014),itwasfoundthatwhen

refugees began learningtheirasylumcountryslanguage,theywerebetterabletocommunicate,allowingthem

to feel more connected and less isolated. This access to social support is repeatedly seen as beneficial to

counteracting the negative effects brought on by unemployment. (Mckee-Ryan et al. 2005;Smarietal.1997)

Ultimately, it has been found that integration into a society is an essential part of providing a durable

solution for refugees, and that employment may be one of the most important contributing factorsofthis,

as it is seen as a social environment domain for integration. (Fleay et. al 2013,Ager et al. 2004; Da Lomba

2010)

Despite receiving government assistance, a study done by Fleay and Hartley (2015) found that,

asylumseekersfoundithardtosupportthemselvesoff ofwhatfinancialassistancetheywerebeingprovided.

In Iceland, in specific, asylum seekers areleftwiththeoptionofpursuingaworkpermitinwhichtheyforfeit

all of the assistance provided to them by the municipality or continuing to live with the municipality's aid

which may prove to be insufficient for their needs (i.e. diapers, activities). To reach nearby cities, asylum

seekers in Iceland and those that participated in the study donebyFleayandHartley(2015),reportedlymust

spend part of what little money that they are allotted on public transportation costs.(Fleay, Hartley 2015;

Indriason; Hlisleitendur komnir Vines 2016) This means they mayonlybeabletocoverasingleone

way trip to the city, making it unrealistic for asylum seekers to engage with the community and in return,

furthering their position of alienation. (Fontaine 2017a)

Without the ability to work, asylum seekers in Australia claimed that they were unable to fill each

day with activities, an important component within timestructure,thatwhenlacking,servedtocompound

the mental distress of their other concerns. (Fleay,Hartley2015;Underlid1996)Individualswhoareunable

to fill their time with activities, such as working, reportedhigherlevelsofanxiety,irritability,anddepression.

(Underlid 1996) The lack of structure that unemployment provides, was also linked to the inability to get

proper rest, therefore taking a toll on the physical healthofasylumseekersaswell.(Fleay,Hartley2015)The

28
suggestion by the World Health Organization to distribute money evenly to improve the quality of life for

individuals is more accessible when asylum seekers are allowed to work and financially support themselves.

(World Health Organization 2008)

Isolation

All interview participants who were asked what the main concerns facing asylum seekers are, listed

isolation as the primaryissue.(Serdar2017,RedCrossPersonnel2017,Fontaine2017,Indriason2017)This

isolation happens on a variety of spectrums: social, linguistic, and physical isolation. Isolation has been

identified one of the six major issues facing the psychological well-being of asylum seekers. (Carswell et al.

2009) The fragile position that asylum seekers are in, heightens feelings of exclusionsandmarginalization,

making it very important to address the present issues of isolation that they face. (Koch et. al 2017)

In a study by Jensen (1966), social isolation was associated with stronger reactions to frustration

which include: aggression, regression, apathy, and compulsive repetition. Apathy was defined as a sense of

hopelessness, often tied to mental disorders such as depression. (Jensen 1966) Theinabilitytoconnectwith

ones host countryincreasestheriskofmanifestationofpsychiatricdisorders.(Kocketal.2014)Inaddition,

the study showed that being in camps for refugees (i.e. asylum seeker facilities) that are separate from the

larger community, decreases individual levels of personal identity and social cohesion. (Jensen 1966) The

eventsandactivitiesavailabletotheseindividuals,likethoseputonbytheRedCross,areoftenlimitedsothat

only asylum seekers can attend, not providing any connection to the community in which they live. (Serdar

2017) This separation from the Icelandic community can lead to a social second class citizenship, in which

asylum seekers are even more disadvantaged. (Lim 2003) Having social networks within the community

provides access to information (Atfield 2007) andemotionalresourcessuchasbuildingconfidenceandsense

of belonging. (Atfield 2007; Losi and Strang 2008) Additionally, the need for social inclusion can be met by

providing employment opportunities within Iceland, since it allows asylum seekers the opportunity to

29
participateinandcontributetotheirhostcommunity.(Edwards2005)Twocontributingfactorstothesocial

isolation that asylum seekers face are: the locationofasylumseekerfacilitiesandlinguisticbarriers.(Fontaine

2017a; Hafsta 2016a)

Although asylum seekers are offered language courses in Icelandic (Ingvarsson 2015), a study done

by Spicer (2008) found that refugees who are socially excluded will have a harder time developing language

skills and a cultural understanding of their new country, and instead will show increased fear andfeelingsof

isolation. The inability to fully engage with the Icelandic language, further separates asylum seekers. This

process is cyclical, as notknowingthelanguageofonesresidentcountryincreasesfeelingsofsocialisolation.

(Allen 2007) InastudyconductedwithAfricanrefugees,Goodkindetal.(2014)foundthatlanguagelearning

directly correlated with and increased quality of life, increased satisfaction with the resources that were

available, increased enculturation, increased feelings of social support, and decreased levels of distress. If

asylum seekers are unable to properly engage indevelopingthisformof socialcapital,theyaremorelikely

to show signs of fear, frustration and anxiety. (Nawyn et al. 2012)

The physical isolation of asylum seekers from the Icelandic community isobviousinthelocationof

their facilities. Asylum seekers are often put in facilities in more remote locations, far away from large

populations of people. (Indriason 2017b; Hafsta 2016a; Ingvarsson 2015; Sedgar 2017; Fontaine 2017a;

Red Cross Personnel 2017; Indriason 2017a) This has been due to thehousingshortagewithinmajorcities

such as Reykjavik (Hafsta 2016a), but others believe it is being used asawaytopurposefullyisolateasylum

seekers (Fontaine 2017a). Despite the motivation for such placements, the physical distance of asylum

seekers from Icelandic citizens is actingasaformofsocialexclusion.(Larsen2011)Inaddition,aspreviously

addressed, events that are held exclusively for asylum seekersthatdonotengagethecommunity,canactasa

form of physical isolation. This is because, like housing, this practice creates separate spaces for asylum

seekers and the community to inhabit and interact in.

30
Available Resources

The Directorate of Immigrations websiteoutlinestherightsandservicesprovidedtoasylumseekers

upon their arrival in Iceland. In agreement with the Red Cross, Asylum seekers are granted legal aid with

lawyers working for the organization for the duration of the initial case and at the appeal level if necessary.

(Directorate of Immigration 2017b) It is also stated that the Red Cross will assist with social advice on a

variety of subjects that the asylum seekers may be in need of. The Directorate of Immigration (2017b) also

claims that asylum seekers will receive the necessary financial assistance if unable to provide forthemselves.

This assistance is provided by either theDirectorateofImmigration,theSocialServicesofReykjanesbr,the

Reykjavik Social Services or the SocialServicesofHafnarfjararbr.(DirectorateofImmigration2017b)The

provided assistanceincludeshousing,mealsandotherbasicservice.Basicservicerefers,amongotherthings,

to medical service, schooling and kindergarten for children, leisure activities and travels within the

municipality. (Directorate of Immigration 2017b) The final right listed, is that asylum seekers are able to

apply for a temporary resident or work permit under certain conditions. (DirectorateofImmigration2017b)

As we have previously looked into the issues surrounding access toworkpermitsforasylumseekers,wewill

now analyze the services provided by both the Red Cross and the government.

The resources provided by the Red Cross to asylum seekers are necessary and beneficial. Legal

assistance is provided to asylum seekers up until a verdict is decided on their appeal case. (Directorate of

Immigration 2017b) In addition to this assistance, the Red Cross regularly will bring concerns of asylum

seekers to the attention of the government toadvocateforchange.(RedCrossPersonnel2017)Additionally,

the Red Cross provides access to essential resources such as mental health counseling andsocialsupport,to

these individuals. (Raui Krossin) The social support includes reducing social isolation and providing

activities such as: short trips, sports, walks in and around the capital area, museum visits and courses.

(Raui Krossin) As previously noted, social isolation is a large concern in the livelihood of asylum seekers,

31
and it is necessary to offer resources that combat this. (Edwards 2005) However, again, there are concerns

that the limited interaction with the larger community,excludingvolunteers,isdetrimentalandcontinuesthe

isolation process. (Serdar 2017) We can see this, for example, in the Open House that is offered bi-weekly

and is only intended for immigrants. (Raui Krossin)

Secondly, we will address the financial and living assistance that is claimed to be offered to asylum

seekers. (Directorate of Immigration 2017b) This assistance is either provided by the Directorate of

Immigration or social services. (Directorate of Immigration 2017b) Living conditions have been under

scrutiny for asylum seekers, however, those living under social services have had fewer complaints. (Red

Cross Personnel 2017) Those in the care of social services are typically families orcasesthatareexpectedto

take a longer amount of time, and have reported much better livingconditions,betteraccesstoschools,and

are closer in proximity to the general public. (Red Cross Personnel 2017) In contrast, those housed by the

Directorate of Immigration have reported more unsuitable living conditions which include:being placed in

housing that was not originally intended to be a residence and is therefore lacking essential resources,larger

populations within one given housing unit, poor cooking facilities, safety issues, lack of social activities, and

isolated locations. (Red Cross Personnel 2017; Serdar 2017) In addition, the Directorate of Immigration

(2017b) claims to offer leisure activities forasylumseekers.WhenaskedwhyshefoundedSolaris,SemaErla

Serdar (2017) explained that one of the many reasons was the lack of entertainment that was provided to

these individuals. Instead, it has been left up to non-governmental organizations such as Solaris or the Red

Cross, to provide leisure activities and socializationforasylumseekers,astheDirectorateofImmigrationhas

continually failed to provide these resources. (Serdar 2017) Another example being Cycling Iceland, who, in

correspondence with other organizations, provides asylum seekers with the opportunity to build and keep

their own bicycles in order to restore a sense of ownership and purpose while providing them with a social

activity. (Elliot 2017)

32
 The Directorate of Immigration is failing to provide asylum seekers with theresourcestheyclaimed

they would. Serdar voiced her frustration that it is even necessary for independent organizations to care for

the well being of these people. (Serdar 2017) These resources are lacking on all fronts, most notably in

housing conditions.

Housing

Issuesinasylumseekerhousingfacilitiesarerelativelywellpublicized.Oneoftheprimarycasesbeing

thatofVines,inwhichtherealitiesofthelivingconditionswerebroughttothepublicsattention.Vinesis

a remote facility that had formerly been used as a homefortheelderly.(Halldorsson2016)Itsdistancefrom

the surrounding community was accompanied with limited transportation options, leading tosocialisolation

of its residents. (MBL2016)InaninterviewwithHallgrimurIndriason(2017a),areporterfortheRVwho

had written several stories on Vines, he explained the reality of the situation at this particular facility. In

addition to itsisolatedlocation,Indriasonsaidthatasylumseekerswereoftenservedcoldandun-freshfood

and the conditions were unsanitary.(Indriason 2017a) Despitestrictsecurityatthisfacility, SemaErlaSedar

entered Vines in order to provide its residents with entertainment and reported witnessing an unlivable

situation as well. (Serdar 2017) Just as Indriason stated, Serdar verified that the asylum seekers were

provided food. (Serdar 2017) In addition to the unsatisfactory quality of food, Serdar argued that by not

allowing asylum seekers to engage in activities such as cooking, their feelings ofboredomandisolationwere

heightened. (Serdar 2017) With the inability to dictate when they ate, asylum seekers were forced to choose

between isolation (staying at the facility as opposedtoleavingandinteractingwithnearbycommunities)and

hunger (residents that decided to leave would miss one of their scheduled meals). (Indriason 2017b) With

knowledge of the conditions in Vines being brought to light, the Red Cross and organizationslikeSolaris,

called for change and improvementsinlivingconditions.(Indriason2017c)Afterphotosofthefacilitywere

leaked, Vines was promptly shut down. (Serdar 2017)

33
 Vinesisnotanisolatedincidenthowever.InHafnarfjrur,thereisafacility,thatunlikeVines,is

in the middleofapopulatedarea,minimizingfeelingsofisolation.(Indriason2017a)Inaddition,individuals

are given money for food instead of having meals cooked for them, giving them more opportunities to

engage in activities like shopping and cooking. (Indriason 2017a) However,Hafnarfjrurwasoriginallyan

office space and was not intended to be a live-in facility. Because of this, Indriason(2017a)reportedthata

large amount of residents are sharing this space and there are issues in the lack of privacy that they are

provided. In other facilities, Serdar had reported seeing images of mold growing near where asylum seekers

slept, as well as dealing with an instance in which a man in need of a transplant was givenamattressonthe

ground to sleep on. (Serdar 2017) In the publication Economic, Social and CulturalRightsreleasedbythe

United Nations, it states that in Section III, Article 8(1), that Everyone has the right toadequatehousing.

This continues in Article 8(2), in which it is stated that, States should adopt positive measures aimed at

alleviating the situation of refugees and displaced persons living in inadequate housing. (United Nations

2005) The Directorate of Immigration has repeatedly proventobeinviolationofhousingrightsforrefugees

and displaced persons set out by the United Nations by providing unsuitable living conditions.

There has been speculation that individuals are being housed by nationality as well. (Red Cross

Personnel 2017) Whenaskedaboutthistheory,PaulFontaine(2017a)explainedthathehadneverconsidered

this, however, he did recall a conversation with an Italian asylum seeker who claimed to be living with the

Slavs and Albanians. An excuse for separating individuals based on nationality may be due to the safe

country label; for example, those with priority cases or safe country origins, may be expected to have

shorter review periods and are therefore housed together. The decision to make certain cases priority based

on origin and usingthatasabasistoassignhousingis,whatSerdarconsiders,discrimination.(Serdar2017)If

asylum cases, who based on country of origin, are expected to take longer are receiving housing through

social services and thereby are recipients of better living conditions,thiscanbeseenasaviolationofSection

III, Article 3(2), of the United Nations Economic, Social and Cultural Rights. This article states that

34
States shall ensure that de facto and de jure discrimination on the above grounds is prohibited and that all

persons, including refugees and displaced persons, are considered equal before the law. (United Nations

2005)

Conclusion

This report has brought to light a multitude of problems in current asylum seeker processes in

Iceland. Asylum seekers face a number of barriers due to legislation, government organizations and living

conditions in Iceland. After identifying these issues, itisclearthatsubstantialchangesmustbemadeinorder

to improve the livelihood of asylum seekers while also ensuring that their case is fairly handled.

The first change would be for Iceland to nolongerfollowtheDublinRegulation.AsnotedbySema

Erla Serdar, of Solaris, the Dublin Regulation has been outgrown. (Serdar 2017) The purpose of the

regulation, was to ensurethatnomatterwhatcountryanasylumapplicationisprocessedin,theindividualsin

question would receive the same treatment. This is no longer the case as countries of first origin (i.e. Italy,

Greece, etc.) are being overwhelmed with the amount of asylum seekers they are obligated to provide for

under the Dublin Regulation. (UNHCR 2016) IcelandhascontinuallybenefitedfromtheuseoftheDublin

Regulation, deciding that 164 of the 731 asylum applications (164/731 = 22.44%)filed fromJanuarytoJuly

of 2017, apply to the Regulation and are thereby removed. (Directorate of Immigration 2017a) Despite the

Dublin Regulation not being a requirement, Iceland, more often thannot,choosestoenforcetheregulation,

making its pool of applicants smaller. DespiteIcelandsdecisiontoabidebytheDublinRegulation,therehas

been repeated violations on the humanitarian provisions outlined within the regulation. In essence, Iceland

has been pickingandchoosingwhichelementsoftheregulationtocomplywith,typicallythosethatbenefit

the government of Iceland more so than the asylum seekers themselves. Due totheseissues,Icelandshould

no longer be a part of the Dublin Regulation.

35
 Tangentially, Icelands use of the safe country terminology has prevented full case observations.

There is reason to believe that Iceland has been making blanket decisions for those from safe countries,

failing to look at these cases individually. As proved, these countries are sites of corruption and justifiable

safety concerns for their citizen. With differentiating treatment for asylum seekers of various nationalities,

concerns of discrimination are proving to be valid. Iceland needs to stop the use of safe country

terminology in order to adequately handle asylum cases.

In addition, the Directorate of Immigration should be dissolved. The Directorate of Immigration is

in charge of handling all asylum applications in Iceland. (Directorate of Immigration 2017b) While the

Directorateworksalongsideothergovernmentagencies,thereisnoneedforitsprocedurestobedispersedso

widely. More particularly, the Directorate of Immigration is not upholding proper treatment of asylum

seekers. Instead, this task has been left up to non-governmental organizations such as the Red Cross or

Solaris. Whether an application is accepted or denied, asylum seekers havetherighttohumandignity,which

is being denied on multiple fronts. (European Union 2013) Iceland is in need of a ministry dedicated to

refugee relations, as suggested by Paul Fontaine. (Fontaine 2017a) With the rates of asylum seekers risingin

recent years with no signsofslowing,alargergovernmentagencyisneededtohandletheincreasingnumbers

and manage all aspects of the asylum seeker process.

By creating a larger government agency to manage all aspects of the asylumseekerprocess,thenew

ministry will be able to provide humane and fair treatment to all applicants. This includes focussing on:

mental health, unemployment concerns, social isolation, and housing quality. In doing this, Icelandwillthen

be fully in compliance with human rights standards in their treatment of asylum seekers.

36
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