Evidence of sheltering immigrants

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

1. The applicant has been forced to suffer in the past, or is really afraid that he will be forced to suffer (well-founded fear);

2. Persecution is based on race, religion, nationality, social members, social organizations or politics. See.

The so-called well-founded fear has always been the focus of debate in court. It was not until 1⑨87 that the Supreme People's Court made a clear explanation in the case of INSVCARDOZA-FONSECA, that is, 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 coercion and injury, it refers to the physical and mental harm caused by the victim in order to punish the victim's beliefs or characteristics, such as discrimination, corporal punishment, excessive punishment imposed by illegal exit, etc. For example, if the government deprives a person of legitimate reasons and property without judicial procedures, it will constitute coercion because of different political views.

It should be noted that criminal punishment is not coercion, harassment itself does not constitute coercion, short-term detention and detention do not constitute coercion, while killing, imprisonment, long-term imprisonment and slavery are coercion, long-term unfair treatment can also constitute coercion, and economic deprivation can also constitute coercion, but it must be proved that deprivation is excessive and harmful.

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

1, he has certain beliefs or characteristics that will lead to the punishment of the persecutor;

2. Forcing the victim to know or possibly know his beliefs, beliefs or characteristics;

3. The victim has the ability to exert coercion and harm;

4. forced. The victim is willing to make things difficult for the coerced person. Hurt.

Generally speaking, the victim must be the government, or the government stands by or refuses to help the victim when the victim is forced.

It should also be pointed out that to prove that fear will be forced and hurt, evidence must be presented from both subjective and objective aspects. Subjectively speaking, the applicant's mentality is really afraid of being forced and hurt; Objectively speaking, the applicant will indeed be forced and hurt in real life, and both are indispensable. If a country's government is rampant, but the applicant is not afraid of being forced or hurt, or although the applicant is extremely afraid of being forced or hurt, the host country has not actually imposed any coercion or hurt, the applicant's political and political asylum application will not be approved.

Finally, coercion must be based on the above five reasons, namely race, religion, nationality, membership of social groups or politics. See.

procedure

In your country and home, if you can't protect people, you can ask for political asylum. If you are not a criminal or violate the principles of the United Nations. According to the Geneva Convention, you can apply to the border police inspector, or you can apply directly to the immigration department of the police inspector bureau after entering the border of another country. After proving your identity, your application will be submitted to the Regional Immigration Committee, which will review and approve your application.

Documents that must be submitted to the Immigration Department of the Police and Inspectorate:

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

(2) a copy of the passport.

(3) Other documents that are helpful to the application.

Once you get the refugee's permission, you can apply for a residence permit at the immigration window.

Any other business

1, as appropriate

Even if the applicant can prove that he has been or will be persecuted, his 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 the Immigration Bureau to have overwhelming facts before making a decision to send the applicant back to China.

However, if the applicant tries to "break through the customs" by using a fake passport or tearing up his family, or disrupts the inevitable normal procedure of trial and investigation 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 and political asylum.

2. Suspension of expulsion.

Even if the application for political asylum is rejected, the applicant can apply for a stay 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 deportation requires the applicant to prove that his life will be threatened if deported to his country of origin. Because the requirements of political asylum are relatively low, the trial conditions of political asylum are often rejected before approval.

Of course, not everyone can apply for a stay of expulsion.

(1) Those who directly apply to the Immigration Bureau for political and political asylum may not apply for suspension of deportation at the same time, but can only apply for suspension of deportation after political and 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 law officer for a stay of deportation.

Compared with political asylum, the legal requirements for suspending deportation are lower. If it meets the requirements, 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 included in this system. However, it should be noted that once political and political asylum is approved, the applicant can get a green card one year later, but he cannot apply for a green card if his expulsion is suspended.

3. Under what circumstances can I not apply?

(1) Stay in a third country for a long time.

If the applicant has stayed in another country for a long time before entering the applicant country, he cannot apply for political and 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, which is taken by the public or the people. Factors considered include living conditions (difficult to live. Private enterprises are not considered as long-term stays), the scope of work permits, whether you have the right to real estate such as land, and whether you have the rights and interests of citizens of that country.

(2) Forcing and hurting others.

People who force or harm others cannot apply for political asylum or suspend deportation. Even if you are forced or hurt by others out of your own will, you cannot apply. Of course, if they are forced by coercion, that is another matter.

(3) Criminal punishment

If the applicant has been criminally punished for a crime (i.e., a non-political prisoner), he/she can't apply whether in the country or abroad.

People's Republic of China (PRC) law, People's Republic of China (PRC) law and People's Republic of China (PRC) constitution.

Article 32

People's Republic of China (PRC) protects the legitimate rights and interests of foreigners in China, and foreigners in China must abide by the laws of People's Republic of China (PRC). People's Republic of China (PRC) can grant asylum to foreigners who request asylum for political and political reasons.