What is the process for foreigners to apply for political asylum in China?

To successfully apply for political asylum, the applicant should be able to prove:

1. The applicant has been persecuted in the past, or has a genuine fear of being persecuted (WELL -FOUNDED FEAR);

2. The persecution is based on race, religion, nationality, affiliation with a certain social group or political opinion.

The so-called WELL-FOUNDED FEAR has always been the focus of controversy in court. It was not until 1987 that the Supreme Court gave a clear explanation in the INSVCARDOZA-FONSECA case, that is, the fear of being persecuted is reasonable, and the applicant must prove with specific facts that he or she has been persecuted or persecuted in the past. There is reason to believe that you will be persecuted in the future.

As for persecution, it refers to the physical and mental harm that the persecutor inflicts on the persecuted person in order to punish the persecuted person’s beliefs or characteristics, such as discrimination. Visual inspection, corporal punishment, and excessive punishment for illegal departure. If the government deprives a person of freedom and property without judicial procedures, it will constitute persecution due to different political opinions. .

It should be noted that criminal punishment is not persecution, harassment itself does not constitute persecution, and short-term detention does not constitute persecution, but massacre, imprisonment, and long-term imprisonment do not constitute persecution. Imprisonment and slavery are persecution. Long-term unfair treatment can also constitute persecution. Although economic deprivation can also constitute persecution, the excessive and unique deprivation must be proven.

In order to prove "reasonable fear", the applicant should show:

1. He has a certain belief or characteristic that will incur punishment from the persecutor;

2. The persecutor knows or is likely to know his beliefs or characteristics;

3. The persecutor has the ability to inflict persecution;

4. The persecutor has the intention to inflict persecution.

Generally speaking, the persecutor must be the government, or the government must stand by and refuse to help the persecuted when the persecution occurs.

It should also be pointed out that in order to prove the fear of being persecuted, evidence must be provided in both subjective and objective aspects. From a subjective point of view, the applicant's mentality is indeed afraid of being persecuted; from an objective point of view, the applicant will indeed be persecuted in real life, and both are indispensable. If the government of a certain country is rampant in persecution, but the applicant is not afraid of being persecuted, or even though the applicant is extremely afraid of being persecuted, the host country does not impose any persecution on the applicant. If the applicant is harmed, the applicant's application for political asylum will not be approved.

Finally, persecution must be based on the five reasons mentioned above, namely race, religion, nationality, membership of a certain social group, or political opinion.

Process

If you are unable to exercise the guarantees of democratic freedoms in your country, you can ask for political asylum. If you are not a political criminal or violate the principles of the United Nations. According to the Geneva Convention, you can apply to the border police or directly to the immigration department of the police station after entering the border of another country. After proving your identity, your application is submitted to the regional immigration committee for review and approval.

Documents from the Immigration Department of the Police Station must be submitted:

(1) Application form stating the reasons for seeking asylum in the language of the country.

(2) Copy of passport.

(3) Any other documents that are helpful for the application.

Once you have obtained a refugee permit, you can request a residence permit from the immigration window.

Other matters

1. The right to self-determination

Even if the applicant can prove that he has been persecuted or will be persecuted, the application may be rejected. veto. This is because Immigration can exercise discretion. Of course, the Immigration Bureau must consider both positive and negative factors when exercising its discretion. Recent cases require the Immigration Bureau to have overwhelming facts before making a decision to deport an applicant back to the country.

However, if the applicant attempts to "break through" by using a fake passport or tearing up a passport, or using other deceptive methods to disrupt the normal process of inevitable review, the Immigration Bureau may exercise its discretion. Deny the applicant's application. In this case, the applicant must prove his application with extremely sufficient facts in order for the Immigration Bureau to make a decision in favor of the applicant. This is one of the reasons why it is difficult for illegal immigrants to obtain political asylum.

2. Withholding of deportation (WITHHOLDING OF DEPORTATION)

Even if the application for political asylum is rejected, the applicant can still apply for withholding of deportation. Since the stay of deportation is not within the scope of discretionary power, it must be approved if the application conditions are met.

The so-called suspension of deportation requires the applicant to prove that his freedom or life will be threatened if he is deported to his country of origin. Since the requirements are lower than the trial conditions for political asylum, political asylum is often granted after being rejected.

Of course, not everyone can apply for withholding of deportation.

(1) Those who apply for political asylum directly to the Immigration Bureau are not allowed to apply for a stay of deportation at the same time. They must apply for a stay of deportation only after political asylum is rejected.

(2) Only crew members or stowaway passengers (who meet specific conditions) can apply directly to the Immigration Bureau.

(3) Applicants can apply to the Immigration Lawyer. Apply for a stay of deportation.

Compared with political asylum, the legal requirements for a stay of deportation are lower. If the conditions are met, the immigration judge must approve the application for political asylum at the same time. It is required that the applicant has not stayed in a third country for a long time, and the suspension of deportation is not within this restriction. However, it should be noted that once political asylum is approved, the applicant can obtain a green card one year later, and the suspension of deportation is not included. Unable to apply for a green card

3. Under what circumstances cannot apply

(1) Long-term stay in a third country

If the applicant has stayed for a long time before entering the country being applied for. If you stay in another country, you cannot apply for political asylum (but you can apply for a stay of deportation). The legal definition of long-term stay is to obtain long-term residency, civil rights, or freedom of movement. The factors include living conditions (residing in a refugee camp or private operation does not count as a long-term stay), the scope of the work permit, whether you have the right to own land and other real estate, and whether you have the rights of citizens of the country.

(2) People who have persecuted others may not apply for political asylum or withholding deportation, even if they did not do so out of their own will or were forced to persecute others. Harm will also result in the inability to apply. Of course, if the persecution occurs under coercion, it will be a different matter.

(3) Criminal sanctions

If the applicant has been criminally punished for a crime (that is, a non-political prisoner), he or she cannot apply for the "Chinese People's Republic of China", whether within or outside the country being applied for. *.Constitution and Law of the People's Republic of China

Article 32

The Chinese People's Democratic Republic and the People's Republic of China protect the legal rights of foreigners in China. Foreigners in China must abide by the laws of the People's Republic of China and the People's Republic of China regarding their rights and interests. The People's Republic of China shall not request asylum for political reasons. Aliens may be granted the right to asylum.