15
votes
What happens if someone requests asylum in Vatican City?
Dale's answer is correct in theory, but in practice, it depends.
If the refugee is specifically claiming that they are subject to persecution by Italy, then the principle of non-refoulement prohibits ...
- 5,319
10
votes
Accepted
When can one flee a state that is becoming more authoritarian
Anyone can claim asylum
Whether that person qualifies as a refugee depends on the law in the country where they make the claim which usually involves an administrative decision making process. If a ...
- 218k
8
votes
Should Canadians be seeking asylum to other countries?
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);...
- 229k
6
votes
Could the US First Amendment be used as grounds for asylum?
Yes
But not in the case you propose.
And not because it’s a speech act.
The relevant claim is that the person will suffer disproportionate punishment.
So, if the person legitimately fears that the ...
- 218k
6
votes
What happens if someone requests asylum in Vatican City?
The claim would be processed according to domestic (Vatican City) law and international convention
The Vatican City is not a "highly unusual country" in any legal sense. Yes, it's an ...
- 218k
5
votes
When can one flee a state that is becoming more authoritarian
Simply being under an authoritarian government is not sufficient grounds for asylum. There are plenty of states in the world that restrict political activity where many people living there face no ...
- 4,685
4
votes
What happens if a refugee continues to be threatened in their host country?
A person threatened by a “gang” is not presumably a refugee
A refugee is “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for ...
- 218k
4
votes
Accepted
Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?
It's exactly the opposite. All arrests are public record under California Government Code 6254(f):
Notwithstanding any other provision of this subdivision, state and local law
enforcement agencies ...
- 30.1k
4
votes
Accepted
A tourist can request political asylum?
The answer is "it depends," of course.
An asylum application may be considered less credible if the applicant entered as a tourist. The applicant would have to explain what changed between ...
- 19.2k
3
votes
Could the US First Amendment be used as grounds for asylum?
"Yes", but the question is ill-posed
Stripped to the bone, the question boils down to:
Country X has laws that allow prosecution under some circumstances. Country Y does not. Could a ...
- 385
3
votes
Accepted
Can “being a woman” be grounds for a valid asylum claim?
Maybe
To be a refugee (a necessary prerequisite to claiming asylum) you must meet the UN definition as incorporated in the host country’s domestic law:
a person who:
has a ‘well-founded fear of ...
- 218k
3
votes
Accepted
Can I claim asylum after I land in New Zealand with visit visa?
New Zealand has ratified the Convention Relating to the Status of Refugees, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment and the International Covenant ...
- 2,839
3
votes
Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?
Because of the First Amendment, there are no general law prohibiting publicizing the name of a criminal suspect in the US. Government records are public to some extent in most states, therefore a ...
- 216k
3
votes
When can one flee a state that is becoming more authoritarian
You can check in advance if you flee to Norway. On this page, you can select a country and they will give you a current policy statements (though individual circumstances may differ). US and UK are &...
- 216k
2
votes
US Travel restrictions after withdrawal of US asylum application/Canadian PR application, Waiting for asylum interview in US
I am not familiar with Canadian PR applications. When you say "start her PR application", are you referring to steps you take while she is outside Canada? or are you referring to steps she ...
- 2,479
2
votes
Can I claim asylum inside New Zealand but not at the port of entry?
Immigration reports that "You can claim asylum when you arrive at an airport or seaport in New Zealand by telling an immigration official or a member of the Police. You may hire a Licensed Immigration ...
- 216k
2
votes
What is the legal background for confiscating cell phones of detained asylum seekers?
The trouble is that the USA has made it just about impossible to apply for asylum by legal means. The asylum seekers detained at the southern border are those who have crossed into the USA illegally ...
- 13.9k
2
votes
Is criminal prosecution of asylum seekers who entered the US illegally a violation of the Refugee Convention?
That convention is not uniform across signatory nations, and there are quite a number of declarations and reservations, but it turns out that the US only had a few fiscal modifications. Article 44(1) ...
- 216k
2
votes
In Scotland, when can police retain key legal documents of a suspect after an arrest?
The UK would insist that, despite all they are doing to deter refugees and other migrants, they are meeting the minimum requirements of international humanitarian law. So nobody has their life put in ...
- 19.2k
2
votes
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 process of considering something in evidence when it is not introduced in evidence is called "judicial notice" or "administrative notice." It is governed by Federal Rule of ...
- 229k
1
vote
A tourist can request political asylum?
But generally speaking, since each country is a micro universe in laws, is it possible for a tourist to request political asylum? Or there are other ways for a tourist to permanently migrate to the ...
- 38.8k
1
vote
Can “being a woman” be grounds for a valid asylum claim?
united-states
To add specific examples to what Dale M pointed out about the "immutable characteristics […] 'fundamental to human dignity", a report by the Tahirir Justice Center, in what ...
- 3,944
1
vote
Accepted
Is there any International Law that protects the rights of a defector spy?
As one might expect, this topic is quite complex, even by the standards of international law.
A good start might be the United Nations High Commissioner for Refugees (UNHCR) 2003 paper "The Interface ...
- 293
1
vote
How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?
My question is, how does this ruling affect asylum seekers caught
crossing the border illegally?
If they are entitled to asylum, their border crossing wasn't illegal.
So how does this order ...
- 229k
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