https://doi.org/10.1177/0967010618783640
Security Dialogue
2018, Vol. 49(5) 382–399
© The Author(s) 2018
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DOI: 10.1177/0967010618783640
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Obviously without foundation:
Discretion and the identification of
clearly abusive asylum applicants
Bruno Magalhães
Pontifical Catholic University of Rio de Janeiro, Brazil
Abstract
This article looks at how asylum examiners in Brazil account for their ability to identify asylum applications
they see as clearly abusive. The argument highlights a proclivity in examiners’ talk to shift discursive registers,
from law and evidence to psychological and social bias, when talking about identifications they agree and
do not agree with. This way of talking, it is argued, allows examiners to treat the refusal of clearly abusive
claims as self-explanatory, while also acknowledging discretion as an inescapable feature of asylum decision-
making. By relying on this ambiguous style of speaking truth, which portrays the outcome of claims as both
dependent on and free of discretion, Brazilian examiners accrue authority to their views. Decisions to
deny clearly abusive claims are rendered reasonable, in spite of barely being accounted for. What is worse,
register-shifting kills the drive to ask what makes these denials so obvious by making the very question sound
absurd.
Keywords
Asylum and abuse, Brazil, borders, decision and discretion, critical security studies, enactment and refugees
Introduction
Brazil’s Federal Attorney sounded certain that something fishy was going on. Many asylum-seek-
ers in Brazil were not asylum-seekers at all, it seemed. Although they claimed to fear persecution,
these claimants were fraudulently using asylum requests to circumvent immigration rules. The
press release talked openly about bogus applicants abusing the asylum procedure: ‘Refugee status
is often sought in an abusive way, as a subterfuge by foreigners who do not have rights threatened
in the country of origin and who, in fact, intended to immigrate to Brazil’ (AGU, 2017, my transla-
tion). This article looks into how examiners in Brazil account for their ability to single out these
‘clearly abusive’ and ‘manifestly unfounded’ requests, as the UN High Commissioner for Refugees
Corresponding author:
Bruno Magalhães, Pontifical Catholic University of Rio de Janeiro, Rua Marquês de São Vicente, 225, Vila dos Diretórios,
Casa 20, Rio de Janeiro, 22451-900, Brazil.
Email: brunoepbm@gmail.com
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