The Court concludes that a violation of the right to freedom of religion may constitute persecution within the meaning of Article 9 (1) of the Directive where
an applicant for asylum, as a result of exercising that freedom in his or her country of origin, runs a genuine risk of being prosecuted or subjected to inhuman and degrading treatment or punishment.
The Court held «to conceal that sexual orientation is incompatible with recognition of a characteristic so fundamental to a person's identity...
an applicant for asylum can not be expected to hide his homosexuality in his country of origin in order to avoid persecution» (paras. 70 and 72).
When assessing an application for refugee status, the competent authorities can not reasonably expect, in order to avoid the risk of persecution,
the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.
Applicants for asylum are eligible for Marketplace coverage only if they've been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days.
Not exact matches
A Chinese Christian's hopes
for asylum in America now have new life, after an appellate court overturned a denial from a judge who found that the
applicant's answers to questions about Christianity were «hesitant» and «evasive.»
The situations described above point to several faults in today's
asylum systems and highlight the negative consequences of privileging exceptionalism, not just
for applicants but within the system as a whole.
«Our
asylum system is riddled with failings, with
applicants facing a culture of disbelief from their very first interview, often meaning that people who are entirely unsuitable
for detention are locked up anyway.
And, even if the
applicant then goes to another country, he / she can not apply
for asylum there but he / she should be sent back to the former country.
One of those successful online lenders is Stilt, a unique company built on the vision of providing a transparent, affordable way
for international students, visa holders, DACA holders, and refugee and
asylum applicants to borrow
for their education through personal loans.
You meet this requirement if you have an I - 151 Alien Registration Card, an I - 94 Arrival - Departure Report Card stamped «refugee» or «
applicant for adjustment,» or have been granted
asylum in the U.S.
In answering the third question, the Advocate General takes the view that the authority responsible
for examining an application
for asylum can not reasonably expect the
applicant to renounce his religious activities in order to avoid persecution.
The
applicants in the main proceedings were Pakistani nationals who entered Germany and applied
for asylum on religious grounds.
The
applicants in the main proceedings were Pakistani nationals who applied
for asylum in Germany on religious grounds.
In fact, «[t] he testimony of [an]
applicant [
for asylum and withholding of removal] may be sufficient to sustain the
applicant's burden without corroboration.»
However, though national authorities and courts of all Member States of the EU are still bound by the ECHR and other relevant international law when applying national immigration and
asylum law, their scope of application may not reach as far as the Charter would have reached, and at present is regarded as applicable to potential
applicants for international protection that have not yet entered the territories of the states bound by them.
Contrary to what several Member States had argued before the Court, the AG highlights that nothing in the Visa Code justifies a conclusion that the
applicants» intention to apply
for asylum once on Belgian territory could change either the nature or the subject of their application, or transform the application into an application
for a stay longer than three months.
The argument of the Belgian authorities that the
applicants could have applied
for international protection in Lebanon is parred by the AG by referring to the decision of the Lebanese government to suspend the registration of newly arriving
asylum seekers in the autumn of 2015 — a decision that was still in place when the Belgian authorities took their decision.
This question in principle allows
for the
applicant to motivate his application with a wish to apply
for asylum in the Member State he intends to travel to.
The Legal Services Commission (LSC) began notifying
applicants this week about the results of applications
for face - to - face contracts to begin in April in family, housing and debt, immigration and
asylum, and housing possession court duty schemes.
In 2002 he decided to work
for Applicants / Claimants and since then has used his experience gained in representing individuals in all aspects of immigration and
asylum.
1
For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Ma
For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds
for asylum applicants and that asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Ma
for asylum applicants and that
asylum seekers fared better when unrepresented than when represented by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of defense counsel's closing argument persuasiveness and defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?
The key points in the court's decision were as follows: (i) It referred to the High Court's decision in R (AW) v Croydon LBC [2005] EWHC 2950 (Admin), [2005] All ER (D) 251 (Dec) which held that where the fresh grounds
for asylum were «manifestly nothing of the sort» then a local authority considering whether an
applicant's human rights required accommodation to be provided could in limited cases ignore the purported new claim and operate on the assumption that there is no impediment to the individual leaving the UK.
In this webinar, we will discuss current practice after the ABT settlement so that you can successfully obtain work authorization
for asylum applicants.
The
applicant had been detained in a special facility
for asylum seekers while awaiting a decision whether or not to allow his application
for asylum.
During this second period of detention the authorities considered prosecuting the
applicant for failing to comply with the Secretary of State's request to take specific action to obtain a travel document (under s. 35,
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004).