Asylum Lawyers

Asylum is a fundamental human right that gives people who are running away from persecution, violence, or other major risks in their own countries a safe place to stay. It is one of the most important parts of international humanitarian law. It allows people in desperate need a chance to live in safety and with dignity.

The legal process of getting asylum under international law is complicated and varies from country to country. It usually involves a series of legal steps and eligibility tests to see if a person is eligible for protection granted asylum under international and national laws.

Asylum seekers who don’t know the language, legal, immigration court system, or cultural norms of their host nation may find it hard to get through the complicated and often scary asylum procedure. At this point, the job of an experienced asylum attorney and immigration lawyer becomes very important.

Key aspects of the asylum process in five different countries

This table summarises each country’s asylum and application process, expenses, typical processing timeframes, work rights, access to healthcare, and the right to a family reunion. Remember that these are estimates and are subject to change. For precise and up-to-date information on the immigration law and services, it is critical to consult the own immigration services or authorities of the own government or individual nation.

A step-by-step process for an individual seeking asylum

Understanding Asylum Law

Asylum is a type of international legal protection given to those who have left their home country because they have a good reason to fear that they will be persecuted.

Definition of Asylum and Its Legal Basis

International law is where the law and the idea of asylum comes from. Several important accords and legal frameworks spell the law of asylum system and out the rights and duties of both asylum seekers and the governments that protect them.

1. The 1951 Refugee Convention

The 1951 Refugee Convention is the primary regulation governing refugees and asylum applications internationally. This legal instrument outlines the definition of refugees and the rights of people seeking asylum. The convention also sets the principle of non-refoulment, which prohibits countries from returning people seeking asylum to places where their freedom or lives are at risk.

2. The 1967 Protocol Relating to the Status of Refugees

The 1967 Protocol is an addition to the asylum in the United States 1951 Refugee Convention. It stipulates that refugees can come from any area of the world, not only Europe and that asylum granted in the u.s 1951 Convention is no longer granted by limited home countries or by time. Additionally, the Protocol also restates what a refugee is and the idea of not being sent back.

3. National Laws and Regulations

In addition to the above-mentioned international accords, each country has its own set of national laws and rules regulating immigration attorney asylum proceedings. These rules might differ greatly between countries and have an influence on a person’s asylum status and removal proceedings.

The Key Elements of a Successful Asylum Claim

Navigating the intricate asylum-seeking and the immigration court process may be difficult for both asylum applicants and their advocates. To increase the odds of a favorable conclusion to asylum application process, it is critical to grasp the basic components of a legitimate asylum application. The three basic requirements that must be satisfied for a claim seeking asylum to be recognized as legitimate under international law are outlined in this article.

Well-Founded Fear of Persecution

The first, and certainly most important, a component of a successful asylum petition under immigration law is proving a legitimate fear of persecution. This implies that the asylum applicant must demonstrate a real and reasonable agitation of persecution if they return to their native country.

The apprehension or past persecution must be founded on objective conditions, such as prior persecution or genuine threats of future damage. It is vital for clients seeking asylum to remember that generalized violence or other forms of disturbance in their country of origin is not enough to justify an asylum claim. The agitation must be personal to the individual and their specific circumstances.

Persecution Based on Race, Religion, Nationality, Political Opinion, or Membership in a Particular Social Group

The second requirement for a valid asylum claim is that the asylum seeker’s persecution is based on one or more of the following grounds: race, religion, nationality, political opinion, or membership in a certain social group. This implies that the persecution must be directly tied to one of these groups.

A person who has been targeted because of their religious views or political activity, for example, would qualify eligible for asylum and to apply for asylum here, but someone who has endured broad criminal violence unconnected to these reasons would not. To get asylum eligibility and build a strong case, asylum seekers and their defenders must clearly prove the link between the persecution and one of these protected grounds.

Inability or Unwillingness to Seek Protection from One’s Own Country

The third and last requirement for a valid asylum claim is proof that the asylum applicant is unable or unwilling to apply for asylum or otherwise seek asylum or protection in their own country. This might be due to a number of factors, including the government’s inability to offer proper protection or its direct participation in the persecution.

Asylum applicants must give proof that their government is unable or unwilling to protect them from the persecution they fear. Documentation of prior attempts by an experienced asylum lawyer to apply for asylum or seek protection, comments from witnesses, or reports from human rights organizations detailing the government’s role in or incapacity to prevent persecution may be included.

Finally, the capacity of asylum lawyer, the the immigration judge or court and the asylum seeker to establish a well-founded dismay of persecution based on one of the protected grounds, as well as their inability or reluctance to seek protection from their family members own country, is critical to a successful asylum claim. Asylum seekers and their advocates may considerably increase their prospects of gaining the protection they sorely need by knowing these crucial factors and accumulating sufficient evidence to support the claim.

Preparing for the Asylum Case

Every asylum application must include a narrative or a declaration from the client detailing their experience in their home country and why they are fleeing. You will also need to explain why you fear returning to your home country. The asylum declaration is the most important document when presenting your case as it allows you to tell your story completely and with as much details as possible.

To increase your chances of success when seeking asylum in the U.S, it’s important to seek the services of an immigration attorney to help you with the legal process. Experienced asylum lawyers will help you navigate the complex immigration law and help you access critical resources throughout the asylum process. Seeking legal representation from a reputable law firm also increases your chances of success.

Client Interview and Assessment

• Building Trust with the Client: It is critical to establish a strong relationship and trust with the client in order to acquire accurate and thorough information about their experiences and circumstances. This may be accomplished by providing a secure and compassionate workplace, attentively listening during the interview process, and displaying cultural understanding. Building trust is an ongoing process that will enable the client to feel comfortable revealing sensitive and perhaps painful aspects of their history;
• Gathering and Evaluating Evidence: It is critical to collect any relevant evidence that might aid support the asylum application during the client interview. Personal testimony, witness testimonies, medical records, and other material relating to previous persecution or threats may be included. Evaluating the trustworthiness and dependability of the evidence is also crucial since discrepancies or a lack of corroboration might undermine the claim;
• Identifying Potential Legal Arguments: It is critical to determine the legal grounds that will form the basis of the asylum application based on the facts gathered during the interview. Determine which protected ground(s) the persecution is based on and how the client’s unique circumstances fulfill the conditions for a valid claim.

Country Conditions Research

• Importance of Understanding the Client’s Country of Origin: Building a good asylum case requires a deep grasp of the client’s country of origin. Knowledge of the political, social, and cultural environment can assist advocates in identifying patterns of persecution, corroborating the client’s evidence, and demonstrating the client’s incapacity or reluctance to seek protection from their native country;
• Reliable Sources of Information: It is critical to rely on trustworthy and up-to-date sources of information while investigating national circumstances. Reports from government agencies, international organizations, human rights organizations, and academic institutions may be included. News stories, expert testimony, and country-specific databases can also give useful information on the circumstances in the client’s home country;
• Using Country Conditions to Support the Claim: Country circumstances research can help to enhance an asylum claim by putting the client’s experiences into context. For example, if the client has been persecuted because of their political convictions, research can assist in demonstrating a pattern of government crackdowns on dissent or the targeting of certain political parties. Similarly, research can assist in demonstrating the incidence of violence or prejudice against a specific social group, providing validity to the client’s fear of persecution;
• Drafting the Asylum Application and Supporting: The final step in preparing for an asylum case is to write the asylum application and gather supporting paperwork. This includes filling out the necessary documents and drafting a thorough personal statement.

Iryna Berenstein

Associated Partner

Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.

Phone:

+12029293711

Email:

[email protected]

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