Is the act a sufficiently severe violation of human rights, taking one of the following forms? Select a purchase endstream endobj startxref B. Well-Founded Fear . For terms and use, please refer to our Terms and Conditions © 1988 The Johns Hopkins University Press The key to an asylum claim is proving that you face a well-founded fear of persecution for one of five reasons: race, religion, nationality, political opinion or membership in a social group. With warehouses on three continents, worldwide sales representation, and a robust digital publishing program, the Books Division connects Hopkins authors to scholars, experts, and educational and research institutions around the world. The holding represented a dramatic shift in asylum eligibility, as prior to the decision, the BIA (and therefore, the immigration judges bound by its decisions) had interpreted “well-founded fear” to require a greater than fifty percent chance of persecution. 3. Project MUSE® In order to be eligible for asylum, you must have suffered past persecution and/or have a well-founded fear of persecution. A well-founded fear of persecution means that you will suffer from persecution in your country should you be forced to return. On June 5, 2000, Well-Founded Fear, a two-hour film set in the offices of the INS and centered on dramatic interviews between INS officers and applicants for political asylum, was broadcast on the PBS documentary series, POV. 0 Since the ‘well-founded’ element of the refugee definition deals with the degree of likelihood of the applicant facing persecution, it is mainly a matter of factual risk assessment (see EASO Practical Guide: Evidence assessment). The Refugee Act of 19802 was enacted to provide a discre- Access supplemental materials and multimedia. 2. Because * Pursuant to 5TH CIR. Anyone who falls under the criteria established in the definitions of persecution or has a well-founded fear of persecution can apply for asylum while being present in the United States. The points above are essential factors immigration officials will consider when determining whether the applicant suffered past persecution. Directed by Michael Camerini, Shari Robertson. If an applicant establishes past persecution, a rebuttable presumption of a well-founded fear of future persecution is created. Thus, the "persecution or well founded fear of persecution" standard governs the Attorney General's determination whether an alien is eligible for asylum. After more than a quarter century, Human Rights Quarterly is widely recognized as the leader in the field of human rights. Fear of Other Serious Harm.. E. Well-Founded Fear of Persecution. The other claim an applicant should make is that she has a “well-founded” fear of persecution. It must be read with the guidance on Conducting the Asylum Interview and other detailed guidance on the consideration of protection needs, in particular Further Submissions, Gender But what was the practical impact of this change on the adjudication of asylum claims? INTRODUCTION The history of laws providing asylum to aliens in this country is marked by varying and confusing standards for the granting of asy-lum. ' Refworld is the leading source of information necessary for taking quality decisions on refugee status. A well-founded fear of persecution means that you will suffer from persecution in your country should you be forced to return. Past Persecution Not Required. The key to your asylum approval is to establish a well-founded fear of persecution in your home country. Help for resettled refugees. They can include their spouses and unmarried children under 21 in their applications. In cases involving blood feud, when HFS clients enjoy state-of-the-art warehousing, real-time access to critical business data, accounts receivable management and collection, and unparalleled customer service. Applicants should also note, however, that this is just one factual claim. 2. A person is eligible for the discretionary relief of asylum if he is a refugee by being "unable or unwilling to return to, and is unwilling or unable to avail themselves of the protection of, [their home] country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Past Persecution Not Required. The regulations implementing USCIS’s discretionary authority to grant asylum generally require a well-founded fear of persecution. THE MEANING OF "WELL-FOUNDED FEAR OF PERSECUTION" IN UNITED STATES ASYLUM LAW AND IN INTERNATIONAL LAW Barry Sautman * INTRODUCTION In recent years millions of people have fled from countries ruled by regimes with little or no regard for fundamental human rights.' Go to Table both State and non-State agents of persecution. The asylum program works to provide refugee protection to people in Canada who: have a well-founded fear of persecution or. An applicant who is claiming a well-founded fear of persecution based on coercive population control must establish more than a generalized fear that he or she will be persecuted. The Well-Founded Fear of Persecution Standard in Asylum Proceedings: The Promise of Solace for Refugees After INS v. Cardoza-Fonseca I. An applicant’s subjective fear should be objectively substantiated in order to be considered ‘well-founded’. 2208 0 obj <>stream (i) Compelling Cases of Past Persecution for Humanitarian Asylum.. (ii) Insufficiently Severe Past Persecution for Humanitarian Asylum.. b. “It’s a docusoap maker’s dream,” said one reviewer. U.S. immigration law allows a grant of asylum not only to people who have suffered past persecution, but also to applicants who suffered no persecution in the past but have a well-founded fear of future persecution. Cortez-Pineda v. Asylum applicants who suffered past persecution but who no longer have a well-founded fear of future persecution may be granted asylum based on being unable or unwilling to return to the country due to the severity of the past persecution or if there is a reasonable possibility that the applicant will face other serious harm upon return. States have been granting protection to individuals and groups fleeing Asylum, Withholding of Removal& & Convention Against Torture (CAT) Legal Services. Project MUSE is a leading provider of digital humanities and social sciences content, providing access to journal and book content from nearly 300 publishers. That presumption may be rebutted if an asylum officer or immigration judge makes one of the findings described in paragraph (b) (1) (i) of this section. 2. are at risk of torture, or cruel or unusual punishment in their home countries. You must convince the asylum officer or the immigration judge that you have suffered persecution in your home country before or that there is a reasonable chance of persecution in future. Fear of Other Serious Harm.. E. Well-Founded Fear of Persecution. Published By: The Johns Hopkins University Press, Read Online (Free) relies on page scans, which are not currently available to screen readers. The Quarterly provides information on important developments within the United Nations, and governmental and non-governmental regional human rights organizations. . If a person's case establishes a "well-founded fear… § 1101(a)(42). The hallmark of a Convention refugee is her inability or unwillingness to return home due to a “well-founded fear of being persecuted.” Not all forced migrants qualify as refugees in law: only those who face a genuine risk of being persecuted for a Convention reason in their own country are entitled to the rights set out in the Convention. The court held that even if there were only a 10 percent chance of persecution the applicant would have a well-founded fear of persecution if he returned to his country. Well-Founded Fear is a 2000 documentary film from directors Shari Robertson and Michael Camerini. Or, you qualify because you can prove you were forced to undergo sterilization or an abortion or fear genital cutting. (See the Code of Federal Regulations, 8 C.F.R. § 1208.13(b).) Hopkins Fulfillment Services (HFS) Well-founded fear – individual States have interpreted the 1951 Convention’s requirement of a well-founded fear of persecution to require asylum seekers to show that there is a reasonable possibility that they will suffer persecution if returned to … 1. R. 47.5, the court has determined that this opinion should not 1. of Contents. �l�(G�F�R0Ж*���@��%��+��N0�1ɰ12:_jX9)��F���L,�v1��������p��J|8���~H�lc`��J��w�t;�2�f`X�Ͻs8�-��b:` ;�5� This documentary film takes us to an in-depth look at the asylum process of the federal U.S. Immigration and Naturalization Service (INS). 102, 8 U.S.C. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. INS v. One of the largest publishers in the United States, the Johns Hopkins University Press combines traditional books and journals publishing units with cutting-edge service divisions that sustain diversity and independence among nonprofit, scholarly publishers, societies, and associations. h�bbd```b``�"ׂIY��a�T"ٖ�H�6��y�*�d\��N�T����m!L� q `$����3�@� i' Check out using a credit card or bank account with. In this assessment, the case officer should … If an applicant cannot demonstrate past persecution, she must demonstrate she has a well - founded fear of future persecution to show refugee status. "To qualify for asylum, a petitioner must establish that he or she . 2. Asylum: Well-Founded Fear Four-Part Test. 94 Stat. �y��� . The journal highlights current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights. 2184 0 obj <> endobj Persecution and well-founded fear . Who’s Eligible to Apply for Asylum in the U.S. Request Permissions. As this scenario is not often seen in the overseas refugee context, information regarding this issue is located in the . If you have left your home country and are seeking protection within the U.S. as an asylee or refugee, you will need to show that the harm you faced in that country, or fear you will encounter if you go back there, constituted or constitutes “persecution.” Persecution can mean not only physical harm, but threats, unlawful detention, discrimination, and more. The Journals Division publishes 85 journals in the arts and humanities, technology and medicine, higher education, history, political science, and library science. MUSE delivers outstanding results to the scholarly community by maximizing revenues for publishers, providing value to libraries, and enabling access for scholars worldwide. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. The court observed that, having shown past persecution, there was a presumption that the petitioner possessed a well-founded fear of persecution, which is what one must prove to merit asylum. Foreigners that are already in the United States, having fled their home countries, have the opportunity to apply for asylum through the INS. In this case the Court held that a "well-founded fear" of persecution meant exactly what it said: a well-founded fear of persecution.
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