Skip to main content
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 ...
Kevin's user avatar
  • 4,659
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 ...
Dale M's user avatar
  • 211k
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);...
ohwilleke's user avatar
  • 219k
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 ...
Dale M's user avatar
  • 211k
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 ...
Comic Sans Seraphim's user avatar
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 ...
Dale M's user avatar
  • 211k
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 ...
Nate Eldredge's user avatar
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 ...
o.m.'s user avatar
  • 18.3k
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 ...
user6726's user avatar
  • 215k
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 ...
Dale M's user avatar
  • 211k
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 ...
A.fm.'s user avatar
  • 2,840
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 &...
user6726's user avatar
  • 215k
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 ...
user102008's user avatar
  • 2,346
2 votes

Conflicting State Obligations

There are three main ways conflicts between legal effects (obligations, institutional facts, etc.) are derogated. Lex superior - the effect originating from the highest priority legal source (e.g. ...
Dr. Thomas C. King's user avatar
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 ...
user6726's user avatar
  • 215k
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 ...
Paul Johnson's user avatar
  • 13.5k
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) ...
user6726's user avatar
  • 215k
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 ...
o.m.'s user avatar
  • 18.3k
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 ...
ohwilleke's user avatar
  • 219k
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 ...
phoog's user avatar
  • 37.5k
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 ...
kisspuska's user avatar
  • 3,924
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 ...
Roger's user avatar
  • 295
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 ...
ohwilleke's user avatar
  • 219k
1 vote

Is an asylee applicant exempt from buying a health coverage?

The healthcare insurance requirement is enforced via IRS, and the details are spelled out here. This means, since the documnt is written by the folks that write income tax instructions, that much ...
user6726's user avatar
  • 215k

Only top scored, non community-wiki answers of a minimum length are eligible