Reconsidering the Asylum Lottery
Refugee Determination and the Structure of Luck
Bibliographic Data
| ID | 6451756 |
|---|---|
| Authors | Eliot Marshall (0000-0002-5574-060X, University of Exeter, corresponding author) |
| Year | 2025 |
| Volume | 34 |
| Issue | 6 |
| Pages | 791-813 |
| Publication date | 2025-02-02 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/09646639241312092 |
| OpenAlex | W4407112516 |
| Language | EN |
| References cited | 34 |
An influential body of legal scholarship suggests that luck plays a role in determining who gets refugee status where legal processes operate as a ‘roulette’ or ‘lottery’. These metaphors act as a powerful way of signalling how systems of justice produce unfair outcomes, but scholarship on refugee law has, to date, paid little attention to date on how luck functions as a concept. Drawing from other disciplinary approaches to conceptualising luck, this article uses empirical research on access to immigration advice in England to develop a more critical approach to luck. The findings demonstrate how experiences of luck within immigration systems are connected to structural inequalities and other factors that are often produced by – and can be addressed through – policy decisions. I argue that, as legal scholars, we need to be cautious about accepting individual narratives of luck at face value, because luck implies a lack of control and can therefore work to obscure these more structural issues. Paying closer attention to how experiences of luck are produced and structured by legal processes can, however, also help to expand the conceptual tools that we use to work towards fairer systems of justice
Criminology · Economics · Epistemology · Lottery · Luck · Political science · Refugee · Sociology · Criminal Justice and Corrections Analysis · Law · Migration, Refugees, and Integration · Philosophy
Structured Luck
What Is the Point of Equality?
Success and Luck
“God’s time is the best”
Luck Egalitarianism and Prioritarianism
Moral Luck
Direct and structural injustice against refugees
Survivor guilt
Asylum‐seekers and refugees
The Importance of Family and Friends in Advice-Seeking for Rights Problems
Luck, equality and responsibility
Fat cat’ lawyers and ‘illegal’ migrants
Forced Migration Studies
I Try Not to Be Dominant, but I’m a Lawyer!’
Legal Aid for Asylum Seekers
A Data Driven Approach to Evaluating and Improving Judicial Decision-Making
Not Just the Luck of the Draw? Exploring Competency of Counsel and Other Qualitative Factors in Federal Court Refugee Leave Determinations (2005-2010)
Reconsidering Migration and Class
Conveyor-Belt Justice
Studies in Philosophy, Politics and Economics
Refugee Roulette
Refugees, migrants, neither, both
Brute luck and responsibility
Unauthorised migration beyond structure/agency? Acts, interventions, effects
An Argument for All‐Luck Egalitarianism
The Fragility of Goodness
The quest for luck
Refugees as Gamblers
Luck Egalitarianism
Forced to leave? The discursive and analytical significance of describing migration as forced and voluntary
The problem of moral luck, anthropologically speaking
A Sociology of Luck
| Citation velocity | historical |
|---|---|
| Highly cited | No |