The fear must be both subjectively held genuine and objectively reasonable plausible. The existence and the authority of the state are conceived and justified on the. Summarize the four basic criteria necessary to establish a wellfounded fear of future persecution. Court held that harm inflicted against petitioner in 1993 did not rise to level of past persecution, even considered cumulatively, because it involved brief detention, minor beatings, and the threat of future violence, and as such was not sufficiently extreme. Refugee means a person who, owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the. Jun 01, 2018 past persecution or a wellfounded fear of future persecution. When the board fails to address a key issue, remand is generally the proper course of action. Opportunities for living in canada on a temporary basis. Aila uscis provides raio combined training course on. If the immigration judge concurs with the credible fear determination that the alien is an alien described in 8 cfr 208. Explain the legal standard required to establish a wellfounded fear of persecution.
United states without documents to demonstrate a credible fear of persecution at the border before they may apply for asylum. A wellfounded fear may exist even when there is as little as a one inten chance of future persecution. We dismissed the applicants appeal, finding that the reasons identified by the immigration judge supported the adverse credibility finding. While eligible asylum claimants can live in canada while they wait for their claim to be decided, a rejected claim means that they are expected to leave canada or they will be removed. The immigration and naturalization service has, in an internal document. Unhcr considers fgm to be a form of genderbased violence that inflicts severe harm, both mental and physical, and amounts to persecution.
Where an applicant finds it impossible to submit document. Well founded fear adopted on march 28, 2004 an individual qualifies as a convention refugee only if he or she has a well founded fear of being persecuted. Rivas palencia had a wellfounded fear of future persecution. Distinguish between the subjective and objective elements of well founded fear. This documentary film takes us to an indepth look at the asylum process of the federal u. Wellfounded fear may 2020 34 wellfounded fear under the refugees convention the test for determining wellfounded fear was enunciated by the high court in chan v miea.
Explain the legal standard required to establish a well founded fear of persecution. Well foundedness of fear contains both a subjective element fear of persecution and an objective element the fear must have an objectively justifiable basis. While it is generally agreed that the well founded fear requirement limits refugee status to persons who face an actual, forwardlooking risk of being persecuted the ob. The first court of appeals to address the question was the united states court of appeals for the seventh circuit, in carvajalmunoz v. Suvasini patel, director, high impact television, p. Thus, the persecution or well founded fear of persecution standard governs the attorney. Well founded fear may 2020 34 well founded fear under the refugees convention the test for determining well founded fear was enunciated by the high court in chan v miea. Their own government cannot or will not protect them and so they are forced to seek international protection. Ohchr convention relating to the status of refugees. Federal register asylum eligibility and procedural. Immigration as a moral issue a six week introductory curriculum. Wellfounded fear documents a variety of dramas unfolding in ins offices in the new york city area. Well founded fear is a 2000 documentary film from directors shari robertson and michael camerini. An individual who premises an asylum claim on a well founded fear of future persecution must demonstrate both a subjectively genuine and an objectively reasonable fear.
The meaning of the term well founded fear has been the subject of considerable controversy and litigation. Imagine that your life has fallen apart maybe youve been tortured or raped, or maybe youve gotten out just in time. Uscis provided the raio combined training course on well founded fear. Sex work trafficking of women for sexual exploitation. The court there stated its view that the evidentiary burden of. Aila uscis provides raio combined training course on well. In order to establish a well founded fear of future persecution, an applicant must show the following. If the persecutor is a rebel group that has control of, and access to, a substantial part of the country, then the applicant could not avoid future persecution by relocating. Sexual assault survivors and genderbased asylum 2 to qualify for asylum in the u. An applicant for refugee status is outside the united states, while an applicant seeking asylum status is in the united states or at a u. Wellfounded fear the michigan journal of international law.
To print the pdf on this page please use the print function in the pdf reader. The hallmark of a convention refugee is her inability or unwillingness to return home due to a wellfounded fear of being persecuted. Documents for affirmative asylum applications appendix 1a cover letter when filing complete affirmative application appendix 1b form g28. Wellfounded fear is a 2000 documentary film from directors shari robertson and michael camerini. The term well founded fear therefore contains a subjective and an objective element, and in determining whether well founded fear exists, both elements must be taken into consideration.
Only in a rare case does the record compel the conclusion that an applicant for asylum has suffered past persecution or has a well founded fear of future. Uscis provided the raio combined training course on wellfounded fear. Well founded fear of future persecution refers to persecution feared by the asylum seeker. Where an applicant finds it impossible to submit documents. Pdf i examine the nature of a wellfounded fear, the burden and standard of proof. Summarize the four basic criteria necessary to establish a well founded fear of future persecution. Those who cannot demonstrate such a fear may not apply. This list of examples is not exhaustive and other circumstances outside an applicants contro l will be considered on a caseby case basis. He has no fear of not getting another job at a traditional hospital. Distinguish between the subjective and objective elements of wellfounded fear. Sep 05, 2012 75 it is the absence of such a serious indication of the applicants wellfounded fear within the meaning of article 44 of the directive which explains the need on the part of the referring court to ascertain the extent to which it may be open to the court, where the applicant cannot claim that his fear is based on the fact that he. A perfect storm the failure of european policies in the central mediterranean amnesty international 4 glossary a refugee is a person who has fled from their own country because they have a well founded fear of persecution and their government cannot or will not protect them.
In contrast to the question of whether an applicant is unable or unwilling to avail himself or herself of the country of origins protection, the assessment of wellfounded fear does not comprise any evaluation of an applicants state of mind. Nijcs asylum pro bono project was founded in 1985 and provide s legal representation to low income noncitizens seeking asylum in the united states. So long as an objective situation is established by the evidence, it need not be shown that the situation will probably result in persecution, but it is enough that persecu. He further asserted that, because country conditions in china have not changed, but have actually worsened, the presumption that the applicant also has a well founded fear of persecution has not been rebutted. Questions presented whether the construction of the. The convention is both a status and rightsbased instrument and is under. This module provides guidance on how to determine whether an applicant has established a reasonable possibility of suffering future harm in the country of nationality or last habitual residence. Well founded fear bill hing, professor of law, university of california at davis david martin, professor of law, university of virginia cara mertes, executive producer, p. The project is now one of the leading asylum representation programs in the country, handling hundreds of affirmative and defensive asylum cases. Immigration policy congressional research service summary foreign nationals seeking asylum must demonstrate a wellfounded fear that if returned home, they will be persecuted based upon one of five characteristics. There must be a state of mind fear of being persecuted and a basis wellfounded for that fear. Immigration policy congressional research service summary foreign nationals seeking asylum must demonstrate a well founded fear that if returned home, they will be persecuted based upon one of five characteristics. Anevaluation of the subjective element is inseparable from an assessment of.
If an applicant cannot demonstrate past persecution, she must demonstrate she has a well founded fear of future persecution to show refugee status. Onge, director, graduate theological union cooperative summer session. To show a wellfounded fear of persecution, an alien need not prove that it is more. The board previously took the position that, as a practical matter, the showing required to establish a well founded fear of persecution for asylum purposes was the same as that required to establish a clear probability of. Some asylum applicants have also made the argument th at they have a well founded fear of persecution based on the fear that a daughter will suffer fgm upon arrival at the applicants home country.
A well founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which the applicant has engaged in since he or she left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the. Representing asylum seekers national immigrant justice. Only in a rare case does the record compel the conclusion that an applicant for asylum has suffered past persecution or has a well founded fear. That is, the definition will be satisfied if an applicant can show genuine fear founded. Handbook on procedures and criteria for determining. We must resist and choose the better way urged by every major religious tradition. This can include persecution by the state, as well as persecution from nonstate actors eg. Loud voices urge us to choose fear, denial, reactionary nationalism, and racism. Contacting an institution to request a document raises a well founded fear of discrimination or persecution for the applicant. This pdf file 155 pages contains section i, which is organized as a six week curriculum, intended to give a broad overview to this complex.
The immigration judge ij and board of immigration appeals bia determined that liu failed to provide necessary corroborating evidence, had not suffered past persecution, and did not have a wellfounded fear of future persecution. Both elements must be established for the fear to be considered well founded within the meaning of the refugee definition. It then explains the basic processes for individuals who are applying for asylum and withholding relief as well as some of the barriers they face. Wellfounded fear chapter 2 the law of refugee status.1028 265 1158 691 413 1353 477 1137 685 1073 1127 683 1338 416 562 521 544 364 833 1200 1093 896 1468 227 1421 286 933 512 990 608 1440 958 362 795