Through a critical examination of European immigration policy and using the case of Afghan asylum seekers in the European continent, this article argues that the politics of labelling and the criminalisation and securitisation of migration undermine the protection framework for the globally displaced. However, the issue goes deeper than state politicking to circumvent responsibilities under international law. The construction of migrants as victims at best, and as cultural and security threats at worst, particularly in the case of Muslim refugees, not only assists in their dehumanisation, it also legitimises actions taken against them through the perpetuation of a particular discourse on the European Self and the non-European Other. At one level, such a dynamic underscores the long-standing struggle of Europe to articulate its identity within the economic, demographic and cultural anxieties produced by the dynamics of globalisation. At another, these existing constructions, which hierarchise ‘worthiness’, are limited in their reflection of the complex realities that force people to seek refuge. Simultaneously, the labels, and the discourse of which they are part, make it possible for Europe to deny asylum claims and expedite deportations while being globally accepted as a human rights champion. This process also makes it possible for Europe to categorise turbulent contexts such as Afghanistan as a ‘safe country’, even at a time when the global refugee protection regime demands creative expansion. Ultimately, the politics of European migration policy illustrates the evolution of European Orientalist discourse – utilised in the past to legitimise colonisation and domination, now used to legitimise incarceration and deportation.
Industrial legislation in Australia, 2020
