Questions tagged [asylum]
The asylum tag has no usage guidance.
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Could the US First Amendment be used as grounds for asylum?
Different countries have different laws on what kind of speech is permitted, and the laws of the United States are very permissive, with only minimal speech restrictions. Even though the First ...
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In Scotland, when can police retain key legal documents of a suspect after an arrest?
Can the police hold and refuse to give back a legal document after arrest that would allow a citizen to claim asylum in another state even though their life is likely to be put in danger?
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What happens if someone requests asylum in Vatican City?
Suppose someone were to enter Vatican City and request asylum. Vatican City is a highly unusual country and I’m not sure what would happen. Are they a party to any treaties that would require them to ...
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What law provides for asylum cases to proceed while IJ may move to close a case administratively on the basis of T-visa or other relief being sought?
Alice enters the U.S. and files for asylum with a case bound to prevail. However, while waiting to be interviewed, she gets kidnapped, and afterwards trafficked for labor and sex while continuously ...
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A tourist can request political asylum?
Some countries like Uruguay accept political asylum request ONLY if the person enters the country illegally, for those with tourist visa they have a way more complex mechanism. But generally speaking, ...
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Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?
The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
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Should Canadians be seeking asylum to other countries? [closed]
Just wondering, in the plight of some recent news coming from Canada, and the Emergencies Act being evoked (protesters; thier right to protest in a certain area were vanquished and they were arrested);...
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UK Asylum Claim - highly skilled - permission to work
Suppose that a young post-grad from the US seeks asylum in the UK and that at least for the short run, they allow his claim to start processing. He's not the typical claimant - he has a masters degree,...
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What happens if a refugee continues to be threatened in their host country?
Suppose a person seeks asylum in a new country, like the US or in Europe. But after they get there they find that the people who were threatening them in their home country, for example as part of a ...
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US Travel restrictions after withdrawal of US asylum application/Canadian PR application, Waiting for asylum interview in US
I am a permanent resident of Canada. My girlfriend and I plan to marry in the USA soon.
She has been waiting for her asylum interview in the USA; she has already obtained her USA work permit and ...
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Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?
This question is based on the reports on the attacker in Auckland, New Zealand who is currently prosecuted under an act of terrorism charge.
“Neither his name nor the fact that he was a refugee could ...
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When can one flee a state that is becoming more authoritarian
Britain is undeniably becoming more authoritarian by the day. The government has stripped an unprecedented number of rights from its citizens in the last few years and continues to do so. For instance,...
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Can “being a woman” be grounds for a valid asylum claim?
In many cultures around the world, women and girls are still completely subservient to men, to the point where forced marriage and pregnancy are still highly prevalent, and women can be divorced or ...
user28517
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Is there any International Law that protects the rights of a defector spy?
I refer to the extraordinary case of Wang Liqiang, a man who is trying to claim political asylum in Australia. He claims that he was a spy working for the Chinese Communist Party. Then he fled to ...
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What is the legal background for confiscating cell phones of detained asylum seekers?
On the US southern border, some of the arriving people are detained currently. It is irrelevant here why and how that happens.
Cell phones are confiscated when a person found to be an illegal ...
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Is criminal prosecution of asylum seekers who entered the US illegally a violation of the Refugee Convention?
The United States is a party to the 1967 Protocol Relating to the Status of Refugees, and Article 1, paragraph 1 of that protocol incorporates Articles 2-34 of the 1951 Convention Relating to the ...
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How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?
If someone comes to America seeking asylum, the first step is for them to have a Credible Fear interview with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they ...
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Can I claim asylum after I land in New Zealand with visit visa?
I'm having the following situation:
My home country has been in civil unrest for about 7 years, you may guess the name.. And because of my age I am under the risk of being immediately take into ...
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Can I claim asylum inside New Zealand but not at the port of entry?
I'll head to New Zealand as I don't need a visa to travel there. I'm persecuted in my home country and after having enough (really enough) I'm leaving soon. I'll enter New Zealand by airport.
Can I ...
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Is an asylee applicant exempt from buying a health coverage?
According to Obamacare non residents are exempt from mandatory health coverage.
Based on the Marketplace regulation:
Applicants for asylum are eligible for Marketplace coverage only if they’ve been ...
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Conflicting State Obligations
Let's say a State has two obligation, on one hand, it must return a person to country of origin under treaty law, on the other hand, the person seeks asylum and thus, under 1951 convention principle ...
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