I want to ask some small questions about political asylum.

I. 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, 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.

Two. Other matters related to political asylum.

1, as appropriate

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 his family, or disrupts the normal procedure of the inevitable review by other deceptive means, the Immigration Bureau can exercise its discretion to reject the applicant's application.