Asylum claim

Extracted Attributes

• Legal Basis

  Article 14 of the Universal Declaration of Human Rights

• Core Principle

  Non-refoulement (prohibition of return to a country where one faces persecution)

• US Application Form

  Form I-589, Application for Asylum and for Withholding of Removal

• US Adjudicating Bodies

  U.S. Citizenship and Immigration Services (USCIS) and Executive Office for Immigration Review (EOIR)

• US Processing Timeline

  21 to 45 days for initial credible fear determination or merits interview under the 2022 Asylum Processing Rule

• Grounds for Persecution

  Race, religion, nationality, membership in a particular social group, or political opinion

• UK Processing Authority

  Home Office

Timeline

• The Universal Declaration of Human Rights is adopted, establishing the right to seek asylum in Article 14. (Source: Wikipedia)

  1948-12-10

• The Convention relating to the Status of Refugees is signed, defining the legal status of refugees. (Source: Wikipedia)

  1951-07-28

• Attorney General Janet Reno designates Matter of Toboso-Alfonso as precedent, recognizing homosexual men as a particular social group for asylum claims. (Source: Immigration Equality)

  1994-01-01

• The interim Asylum Processing Rule takes effect in the United States, streamlining the referral of credible fear cases to USCIS asylum officers. (Source: American Immigration Council)

  2022-05-31

• Discussions regarding the ouster of Kevin McCarthy and the Southern Border crisis highlight concerns over fraudulent asylum claim scripting and the need for scalable border alternatives. (Source: Document 0c408fae-3516-4cfd-b67f-0e6ab624be7d)

  2023-10-03

Asylum seeker

An asylum seeker or asylum-seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted the right of asylum protection or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported in line with non-refoulement. Signatories to the Universal Declaration of Human Rights create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country. The asylum seeker may be simultaneously recognized as a refugee and given refugee status if their circumstances fall into the definition of refugee according to the Convention relating to the Status of Refugees or regionally applicable refugee laws—such as the European Convention on Human Rights, if within the European Union. The terms asylum seeker, refugee and illegal immigrant are often confused. In North American English, the term asylee is used both for an asylum seeker, as defined above, and a person whose right of asylum has been granted.

Web Search Results

• Asylum in the United States - American Immigration Council

  21 to 45 days of their credible fear determination. This interview mirrors that of an affirmative asylum claim. A USCIS asylum officer can then either grant or not grant asylum. Additionally, when an asylum officer does not grant asylum, they also assess a person’s eligibility for withholding of removal and protection under the Convention Against Torture. If the interviewing officer does not grant asylum, the case is referred to an immigration judge for “streamlined” removal proceedings where defensive asylum, withholding of removal, and Convention Against Torture relief may be considered. [...] Asylum Processing Rule: Since May 31, 2022, some individuals and families entering the United States have been subjected to a process established under the interim Asylum Processing Rule. They are first placed in expedited removal and, if they express fear of persecution or torture, are given a credible fear interview. As discussed above, before the Asylum Processing Rule, if a person’s fear was found credible, a defensive asylum claim was initiated before an immigration judge. However, instead of referring those who have established a credible fear directly to an immigration judge, people processed under the Asylum Processing Rule are referred to a USCIS asylum officer for a non-adversarial Asylum Merits Interview (AMI) within 21 to 45 days of their credible fear determination. This [...] People seeking asylum include some of the most vulnerable members of society—children, single mothers, survivors of domestic violence or torture, and other individuals who have suffered persecution and trauma. While U.S. law provides arriving asylum seekers the right to remain in the United States while their claim for protection is pending, the government has argued that it has the right to detain such individuals, rather than release them into the community. Some courts have rejected this interpretation and held that asylum seekers meeting certain criteria have a right to a bond hearing, which could result in release from detention. Advocates have also challenged the practice of detaining asylum applicants without providing a meaningful opportunity to seek parole, another mechanism that

• 3. Elements of Asylum Law - Immigration Equality

  The elements of an asylum claim based on sexual orientation, gender identity, and/or HIV status are (1) a well-founded fear of persecution (2) based on past persecution or risk of persecution in the future if returned to the country of origin (3) because of the applicant’s membership in a particular social group (PSG) wherein (4) the persecutor is a government actor and/or a non-governmental actor that the government is unwilling or unable to control. 2 [...] The applicant must prove that the persecution they fear in the future is motivated by their actual or imputed membership in a PSG. Since 1994, when Attorney General Janet Reno designated Matter of Toboso-Alfonso as precedent, “homosexual men” has been recognized as a PSG under asylum law. More recently, the Ninth Circuit has ruled that “all alien homosexuals are members of a ‘particular social group.’” 70 In the case Amanfi v. Ashcroft, the Third Circuit held that imputed membership in the PSG of gay men can also be grounds for an asylum claim. In Amanfi, the Court recognized that persecution on account of sexual orientation may be sufficient for an asylum claim even if the victim is actually not gay but is thought to be by the persecutor. 71 In that case, a man from Ghana engaged in [...] Severe discrimination may be a ground for applicants living with HIV to claim asylum. The discrimination, however, must go beyond inadequate medical treatment. In one unpublished decision, an IJ found that a married woman living with HIV would be subject to persecution on account of severe discrimination. 39 In making this decision, the IJ considered documentary evidence that people living with HIV lost their jobs when employers learned of their status and that hospitals turned away HIV-positive patients. Additionally, the IJ determined that the woman could face criminal prosecution for being married despite a law barring people with HIV from marrying.

• Obtaining Asylum in the United States

  Issue a Notice to Appear before an immigration judge for consideration of your asylum, withholding of removal, and CAT protection claims. When you file the Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you in the “defensive” asylum process. See “Defensive Asylum Processing With EOIR” below for more information. [...] If your case is not approved and you do not have a legal immigration status, we will issue a Form I-862, Notice to Appear (NTA), and refer your case to an immigration judge with the Department of Justice's Executive Office for Immigration Review (EOIR). The immigration judge conducts a “de novo” hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing. See the section “Defensive Asylum Processing With EOIR” below if this situation applies to you.

• 8 USC 1158: Asylum - OLRC Home

  inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal. [...] (i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum; (ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed; [...] (A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances; (B) the alien meets a condition described in subsection (b)(2); (C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien's nationality or, in the case of an alien having no nationality, the country of the alien's last habitual residence) in which the alien's life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection;

• Claim asylum in the UK: Overview

  ## Cookies on GOV.UK We use some essential cookies to make this website work. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services. You have accepted additional cookies. You can change your cookie settings at any time. You have rejected additional cookies. You can change your cookie settings at any time. View cookies # Claim asylum in the UK Skip contents # Overview You must apply for asylum if you want to stay in the UK as a refugee. To be eligible, you must have left your country and be unable to go back because you fear persecution. Find out more about who is eligible to claim asylum. [...] Find out more about who is eligible to claim asylum. Apply for a visa if you want to come to the UK for another reason (for example to work, study or remain with family). If you’re already in the UK and want to remain with family living here, apply for a family of a settled person visa. You should apply when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country. Your application is more likely to be refused if you wait. When you apply you’ll have a meeting with an immigration officer (known as a ‘screening’). After your screening the Home Office will decide if your claim can be considered in the UK. If it can, you’ll have an asylum interview with a caseworker. You’ll be told when there’s a decision on your application. [...] You can get up to 2 years in prison or have to leave the UK if you give false information on your application. ## Waiting for your decision You’ll be told after your screening what you must do while you’re waiting for your asylum decision, for example report to a caseworker regularly (known as ‘reporting events’). You must tell the authorities if your situation changes. You will not usually be allowed to work while your asylum claim is being considered. ## Help you can get You can get help with: getting legal representation for your asylum claim living in the UK while you wait for your decision ## Children applying on their own You can apply as a child on your own if you do not have an adult relative who is also claiming asylum. View a printable version of the whole guide