Law 35-Assignment 4 Refugees and Asylum - Copy
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Jan 9, 2024
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Assignment #4: Refugees and Asylum
1. What is the definition of a "refugee" and how
does one qualify for this status?
A refugee is someone who has left their home
country because they are afraid of being
persecuted because of their race, religion,
nationality, membership in a certain social group,
or political views. People must be outside of their
home country, fear being persecuted, and not be
able to go back. One usual way to get refugee
status is to ask for asylum.
2. What steps must a person take to apply for
asylum and what are the ramifications of obtaining
asylum?
To ask for asylum, a person usually has to come to
the US, fill out an application, go through
interviews and screening, show proof that they are
being persecuted, and then wait for a decision. If
someone is granted asylum, they can't be
deported, they can stay in the country legally, they
can use some rights and services, and they may
finally be able to become a citizen or permanent
resident.
3. What is the burden of proof in asylum cases and
who has the burden of bringing forth evidence?
Does this burden change with the age of the
applicant?
In asylum cases, the person asking for refuge has
to prove their case. They have to show strong proof
that they are afraid of being persecuted because of
their race, gender, nationality, membership in a
certain social group, or political views. The
application, no matter what age, is the one who
has to show proof. The asylum seeker is still
responsible for making a strong case, even though
the amount of detail and understanding that is
expected from a child may change depending on
their age.
4. Distinguish and discuss the significance of the
U.S. Supreme Court's holdings in the cases of INS v.
Stevic (1984) and INS v. Cardoza-Fonseca (1987)?
The U.S. Supreme Court made it clear in INS v.
Stevic (1984) that someone asking for refuge must
show that they have a real and reasonable fear of
being persecuted. In INS v. Cardoza-Fonseca
(1987), the Supreme Court set a lower standard of
proof. Asylum seekers now only had to show a
"reasonable possibility" of being persecuted
instead of a clear probability. These decisions set
the standards for asylum claims, focusing on both
the subjective and objective parts of the fear of
being persecuted and making it easier for people
to prove their case.
5. State and Discuss two of the bars to Asylum?
The "firm resettlement" bar says that a person
can't get asylum in the United States if they have
already found permanent housing in another
country. The "material support to a terrorist
organization" bar says that people who have given
money or other help to terrorist groups can't get
asylum. These bars show certain situations in
which people may not be eligible for refuge. How
they are used may be different in each case. To get
through these complicated situations, you need to
talk to a lawyer.
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