How to apply for a fake passport for joint immigrants?

Political asylum refers to the behavior that the state allows foreigners who are wanted or prosecuted by the country for political reasons and request political asylum to enter, stay and protect, but refuses the extradition request of the government.

Granting asylum is a right of the state, that is, the state has the right to grant individual asylum in international law, and individual asylum is the product of the state's right of asylum. Individuals can apply for asylum, but whether to grant asylum depends on the applicant country. The Declaration on Territorial Asylum adopted by the United Nations General Assembly 1967 12 14 holds that granting individual asylum is a state's "exercise of sovereignty" and that "whether to grant asylum should be decided by the country that granted it". The right of asylum is an extension of the country from its territorial advantage. A country has the right to manage and protect all the people in its territory. Once a person who is compulsorily prosecuted or pursued enters the territory of another country, he is under the jurisdiction of the host country, and the country that pursues or pursues him cannot pursue or pursue him in the territory of the host country.

Conditions for applying for political asylum

To successfully apply for political asylum, the applicant should be able to prove that: 1, the applicant has been persecuted in the past, or is really afraid of persecution (well-founded fear); 2. Persecution is based on race, religion, nationality, membership of social groups or political views. The so-called well-founded fear has always been the focus of debate in court. It was not until 1987 that the Supreme Court made a clear explanation in the case of INSVCARDOZA-FONSECA that the fear of persecution is reasonable, and the applicant must prove that he has been persecuted in the past or has reason to believe that he will be persecuted in the future with specific facts. As for persecution, it refers to the physical and mental harm caused by the persecutor to punish the persecuted person's beliefs or characteristics, such as discrimination, corporal punishment, excessive punishment for illegally leaving the country, etc. If the government deprives a person of his freedom and property without judicial procedures, it will constitute persecution because of different political views. It should be noted that criminal punishment is not persecution, and harassment itself does not constitute persecution. Short-term detention is better than no persecution, while slaughter, torture, long-term imprisonment and slavery are all persecution, and long-term unfair treatment can also constitute persecution. Although economic deprivation can also constitute persecution, it must be proved that deprivation is excessive and unique. In order to prove "reasonable fear", the applicant should show: 1 that he has certain beliefs or characteristics that will lead to the punishment of the persecutor; 2. The persecutor knows or may know his beliefs or characteristics; 3. The persecutor has the ability to persecute; 4. The persecutor has the will to persecute. Generally speaking, the persecutor must be the government, or when persecution occurs, the government stands by or refuses to help the persecuted. It should also be pointed out that to prove that fear will be persecuted, evidence must be presented from both subjective and objective aspects. Subjectively speaking, the applicant's mentality is indeed fear of persecution; Objectively speaking, the applicant will indeed be persecuted in real life, and both are indispensable. If persecution is rampant in a country, but the applicant is not afraid of persecution, or if the applicant is extremely afraid of persecution, but the host country does not actually persecute him, the applicant's application for political asylum will not be approved. Finally, persecution must be based on the above five reasons, namely, race, religion, nationality, membership of social groups or political views.

Other matters related to political asylum.

1, discretion Even if the applicant can prove that he has been or will be persecuted, the application may be rejected. This is because the Immigration Bureau can exercise its discretion. Of course, the Immigration Bureau must consider both positive and negative factors when exercising its discretion. Recent cases require that the Immigration Bureau must have overwhelming facts before making a decision to repatriate the applicant. However, if the applicant tries to "break through the customs" by using a fake passport or tearing up the household, or disrupts the normal inevitable review procedure by other deceptive means, the Immigration Bureau can exercise its discretion to reject the applicant's application. In this case, the applicant must prove his application with extremely sufficient facts before the Immigration Bureau can make a favorable decision for the applicant, which is one of the reasons why it is difficult for illegal immigrants to obtain political asylum. 2. Even if the application for political asylum is rejected, the applicant can apply for postponement of expulsion. Since the suspension of expulsion is not within the scope of discretion, it must be approved if the application conditions are met. The so-called suspension of expulsion requires the applicant to prove that his freedom or life will be threatened if he is deported to his country of origin. Because the requirements are lower than the trial conditions of political asylum, political asylum is often approved after being rejected. Of course, not everyone can apply for a stay of expulsion. (1) Those who apply for political asylum directly to the Immigration Bureau may not apply for a stay of deportation at the same time, but only after political asylum is rejected. (2) Only crew members or stowaways (who meet certain conditions) can apply directly to the Immigration Bureau. (3) The applicant may apply to the immigration judge for a stay of expulsion. Compared with political asylum, the legal requirements for suspending deportation are lower. If the conditions are met, the immigration judge must approve it. At the same time, the application for political asylum requires that the applicant has not stayed in a third country for a long time, and the suspension of expulsion is not subject to this restriction. However, it should be noted that once political asylum is granted, the applicant can get a green card one year later, but if the deportation is suspended, he cannot apply for a green card. 3. Under what circumstances can I not apply (1) for permanent residence in a third country? If the applicant has stayed in another country for a long time before entering the United States, he cannot apply for political asylum (but he can apply for a stay of expulsion). The legal definition of long-term residence is to obtain the right of long-term residence, citizenship or free access. Factors to be considered include living conditions (living in a refugee camp is not a long-term stay), the scope of work permit, the right to own real estate such as land, and the rights of citizens of the country. (2) People who persecute others cannot apply for political asylum or suspend their deportation, even if they persecute others out of their own will or compulsion. Of course, if persecution occurs under duress, that is another matter. (3) Criminal Punishment If the applicant has been criminally punished for a crime (that is, a non-political prisoner), it is impossible to apply whether in the United States or abroad.

Edit the object of political asylum in this paragraph.

The target of asylum is mainly political asylum seekers. Asylum is related to the principle of non-extradition of political prisoners, but the object of asylum goes beyond political prisoners in the usual sense. Asylum is not only non-extradition, but also non-expulsion and allowing them to live in the country.

Examples of national legislation on political asylum

The legal basis of asylum is mainly domestic legislation, and many countries have asylum clauses in their constitutions. The French Constitution of 1793 stipulated for the first time that France would grant asylum to foreigners who fled to France for freedom, and at the same time announced that it would not grant asylum to autocratic monarchs. The Constitution of People's Republic of China (PRC) (1954) stipulates that foreigners persecuted for supporting just causes, participating in peace movements or conducting scientific work shall be granted the right of abode. The constitutions of 1975 and 1978 also have the same provisions. 1982 article 32 of the constitution stipulates: "People's Republic of China (PRC) may grant asylum to foreigners who request asylum for political reasons."

Evolution of the definition of political asylum object

In the past, it was entirely up to the state to decide who to grant asylum to. After the First World War, Kaiser Wilhelm II fled to the Netherlands, which rejected the extradition request made by its allies. After the Second World War, in some international documents, certain categories of people were explicitly excluded from the scope of asylum. For example, the Universal Declaration of Human Rights of 1948 stipulates that no asylum shall be granted to those who are really prosecuted for non-political crimes or acts contrary to the purposes and principles of the United Nations. The Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations General Assembly 1948 stipulates that genocide cannot be regarded as a political crime, but an extraditable crime. According to 1967 Declaration on Territorial Asylum, people who commit crimes against peace, war crimes or crimes against humanity are not allowed to apply for and enjoy asylum. The International Convention on the Suppression and Punishment of the Crime of Apartheid adopted by the United Nations General Assembly 1973 stipulates that the crime of apartheid should not be regarded as a political crime as far as extradition is concerned, that is, asylum is not allowed. Foreigners who enjoy asylum have the same status as ordinary foreign nationals in principle. Countries that grant asylum are obliged to impose necessary restrictions on the activities of asylum seekers so that they may not engage in activities that endanger the security of other countries or violate the purposes and principles of the United Nations.