Creating a Refuge Within the United States: Correcting the Problems
of the Asylum Applicant's Hybrid Burden of Proof, 2007 Utah L. Rev. 1171
Not exact matches
In August, Germany's Federal Ministry
of the Interior announced it expected «up to 800,000
asylum applicants and refugees,» to arrive in the country this year, a fourfold increase compared to 2014.
Carl Bexelius, Deputy Legal Director at the Swedish Migration Agency, told SVT: «It is a reasonable demand that the
asylum applicant should show some knowledge
of the Bible - this should come naturally, and isn't something you need to study.»
CT noted when Bennett was named the religious freedom ambassador (two years late), as well as several cases where Canada's Immigration and Refugee Board denied
asylum because
applicants demonstrated poor knowledge
of Christian doctrine.
«Government policy is to use a carrot and stick approach
of making rejected
asylum seekers destitute while offering very basic support if
applicants say they will «voluntarily» return to the place they fled,» reads the CAP website.
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 Proving Torture research shows that, even when such independent evidence
of torture is available, it is mishandled and dismissed by
asylum caseworkers preoccupied with undermining the credibility
of the
applicant.
MPs have robustly criticised the treatment
of asylum seekers in the UK, concluding many
applicants lack advice and support and the overall experience can be «inhuman and degrading».
«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.
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.
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.
As I have repeatedly voiced since becoming aware
of the use
of photographic and video evidence being relied by
asylum applicants prior to the February 2013 Stonewall lecture, AG Sharpston's reference that such evidence can be fabricated, making it difficult to distinguish between the genuine and bogus
applicant [par.
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.
«While interviewers are expected to make
applicants feel at ease, in the case
of asylum interviews with LGBTI
applicants inappropriate questions are often asked.»
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.
A decision
of this nature would endanger the functioning
of the Dublin system, as
asylum seekers in desperate situations could simply file a visa application anywhere in the world, which would then have to be accepted if the
applicant claims that a refusal will result in a violation
of Article 4
of the Charter.
The Dutch Court will now have to re-examine the
asylum claims
of all three
applicants.
Applicant A from Gambia, relying on sexual identity as the basis
of his second
asylum claim, consented to being subjected to a test, or perform a sexual act with another man, to «demonstrate the truth
of his declared sexual orientation» [par.
The core point is that the
applicant does not conform to a stereotype
of heteronormative conduct held by the potential persecutor, hence the harm, and consequent
asylum claim, they are «not straight enough».
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.
Denmark opted out
of the 2004 Directive, but does recognise the claims
of gay and lesbian
applicants (see S. Jansen and T. Spijkerboer, Fleeing Homophobia:
Asylum Claims Related to Sexual Orientation and Gender Identity in Europe, Amsterdam, 2011, p. 24, fn.
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).
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.
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.
Immigration,
asylum, refugee, and visa policies affecting Specially Designated Countries (SDCs) should be reexamined with the purpose
of limiting entry
of persons who have not passed the same background checks that visa
applicants must undergo.
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 Make?
Because the
asylum application was filed four years after client's arrival in the United States, we had to establish an exception to the statutory deadline generally requiring an application be submitted within one year
of the
applicant's arrival in the United States.
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.
The ECtHR rejected the narrow interpretation
of this provision suggested by the
applicant that as soon as an
asylum seeker had surrendered to the authorities, detention was no longer justified under Art 5 because he was no longer seeking «unauthorised entry».
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).
In line with the requirements
of the
Asylum & Immigration Act 1996, all
applicants must be eligible to live and work in the UK.