Application for political asylum

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 real 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 has been persecuted in the past or has reason to believe that he will be persecuted in the future. persecution.

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, corporal punishment, and illegal departure from the country. Excessive punishment, such as the government depriving a person of freedom and property without judicial procedures, 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, long-term imprisonment and slavery are persecution, and long-term insecurity does not constitute persecution. Fair treatment can also constitute persecution. Although economic deprivation can also constitute persecution, the deprivation must be proven to be excessive and unique.

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

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

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

3. The persecutor has the ability to persecute;

4. The persecutor has the ability to persecute Will.

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 presented 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 persecutees the applicant rampantly, but the applicant is not afraid of being persecuted, or if the applicant is extremely afraid of being persecuted, but the host country does not impose any persecution on the applicant, the applicant’s political asylum application will not be approved. approve.

Finally, persecution must be based on the five reasons mentioned above, namely race, religion, nationality, membership of a certain social group or political opinion. If you are unable to exercise democratic freedom guarantees in your country, you can ask for political asylum. If you are not a political criminal or violate United Nations principles. 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, which approves it.

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 to the application.

Once you have obtained a refugee permit, you can request a residence permit from the immigration window. 1. Right of discretion

Even if the applicant can prove that he has been persecuted or will be persecuted, the application may be rejected. 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 Service to have overwhelming facts before making a decision to return an applicant to his or her home country.

However, if the applicant attempts to "break through" by using a fake passport or tearing up the passport, or using other deceptive methods to disrupt the normal process of inevitable review, the Immigration Bureau may exercise its discretion to reject the applicant's application. Apply. 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. Because the requirements for asylum are lower than those 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 can only apply for a stay of deportation after the 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 judge for a stay Application for deportation.

Compared with political asylum, the legal requirements for suspension of 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. However, it should be noted that once political asylum is approved, the applicant can obtain a green card after one year, but the applicant cannot apply for a green card if the person is deported.

3. Cannot apply under certain circumstances

(1) Long-term stay in a third country

If the applicant has stayed in another country for a long time before entering the country being applied for, he cannot apply for political asylum (but he can Apply for a stay of deportation). The legal definition of long-term stay is to obtain long-term residency, citizenship or free movement. Factors considered include living conditions (living in a refugee camp does not count as long-term stay), the scope of the work permit, and whether you have the right to own land. Real estate, whether they have the rights of citizens of the country, etc.

(2) People who have persecuted others cannot apply for political asylum or suspension of deportation, even if they have persecuted others. Persecution of others without personal will or force will also result in the inability to apply. Of course, if the persecution occurs under coercion, it is a different matter.

(3) Criminal Punishment<. /p>

If the applicant has been criminally punished for a crime (that is, not a political prisoner), he or she cannot apply whether within or outside the country being applied for.