Asylum Process: A Step-by-Step Guide for Refugees.

Step-by-Step Guide for Refugees. For various reasons, a huge number of people in different parts of the world are forced to leave their homes and go abroad in search of permanent residence. To legalize your status in new country, if you are afraid to return home, you can apply for asylum in any democratic state. The very fact of filing such an application gives certain rights and guarantees, which will vary in each country.

First, let’s figure out the difference between an asylum seeker and a refugee.

These are different statuses during the same legal process. An asylum seeker is a person who claims to be a refugee, but whose claim has not yet been fully assessed by the authorities of the country from which he has sought assistance, and therefore has not yet been granted refugee status. This difference plays a role in determining the scope of rights that a person is entitled to in his country of residence.

During the XX and XXI centuries, conflicts and crises constantly occurred in the world, which increasingly attracted public attention to this legal institution and the development of the legal framework regulating it.

First of all, the entire procedure is regulated by the 1951 Refugee Convention and its 1967 protocol. As well as clarifying and expanding it with national regulations.

This convention states that a refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, owing to such fear, to return, or does not wish to take advantage of the protection of this country.

The provisions of this convention are implemented differently, depending on how it is spelled out in national acts. Some countries may have broader definitions of what constitutes a “particular social group”, including persecution based on gender, sexual orientation, which may affect the outcome of an asylum claim.

Also, the concept of “well-founded fear” may vary, which, in turn, affects the required evidence.

If for one reason or another you decide to seek this help, then it is advisable to study the domestic legislation of the country in order to calculate your chances of success.

The procedure for obtaining asylum also differs depending on how it is regulated in domestic legislation.

In the US, the process begins with filing Form I-589, Application for Asylum and Withholding of Removal, within one year of arrival, which can be filed regardless of the applicant’s current immigration status. This is followed by fingerprinting, a background check, a criminal history check that could disqualify you from seeking asylum, and an interview. The interview is conducted by an employee of the Citizenship and Emigration Service and here it is very important to convincingly formulate your fears of persecution in your home country. At the end of the interview, decisions may be made to grant asylum, deny it, or send documents to the immigration court for further consideration. Deadlines vary greatly depending on the number of cases in a particular instance.

In Germany, the procedure is significantly different. Asylum seekers must first register at an initial reception center where they express their intention to apply. From there, they are distributed throughout the country based on a quota system and submit formal applications to the federal office for migration, where detailed personal information and reasons for fleeing are already documented. A key step in this process is the personal hearing at which the applicant presents their case. Until a decision is made, you can stay in a refugee center. As a result, a decision may be made to either grant refugee status or provide some other protection, such as a ban on deportation.

The European Union has created a pan-European asylum system, which includes several key directives:

– The qualification directive defines the grounds for granting international protection. Additional protection is provided to those at risk of serious harm (death penalty, torture or violence in situations of armed conflict);

– general procedures for granting and withdrawing such protection. This rule requires all Member States to provide access to fair and effective procedures, including the right to legal assistance and the right to appeal the decision of an application;

– conditions of admission must ensure that applicants have access to adequate living conditions and fundamental rights during the processing of their applications, such as housing, food, health care;

– The Dublin Regulation determines the state responsible for processing the application according to the principle of the first point of entry into the European Union, which is aimed at preventing multiple applications.

Despite all the guarantees established by law, applicants face numerous and highly varied problems, arising both from the complexities of legal requirements and constantly changing laws. Political, social and economic factors have a significant influence.

Therefore, if you decide to submit an application in a particular country, it is recommended to constantly monitor the current political situation.

When preparing applications, we always recommend preparing the following documents:

– a valid passport to confirm identity and citizenship;

– a birth certificate to confirm the names of your parents in case they also apply for permanent residence in this country for family reunification;

– marriage certificate, if you are applying together with your spouse, to confirm your relationship and codependency.

The personal statement must be a detailed account of experiences of persecution or fear of persecution. Strive for consistent, detailed, and clear presentation. This account must be comprehensive, describing specific incidents, dates and reasons for the persecution.

If available, you can include police reports, medical records, and threatening letters. Testimony of witnesses can also confirm the validity of your application, that is, persons who can confirm either your history or living conditions in the country, documents on membership in political parties, religious groups, and other organizations that have become the target of persecution in the country from which you ask for asylum.

If you have educational documents, they can indirectly support your application. You can attach letters from community leaders, teachers, and others who can in one way or another confirm your statements. Use expert reports from human rights organizations, seek support from similar organizations or diasporas with a request to provide letters of support.

If there are objective difficulties in collecting documentation, you can provide detailed explanations of why these documents are missing, or a request for help to complete these documents if official documents are not available to you.

Remember that a well-written application can significantly contribute to a positive outcome.

Other problems you may encounter are language barriers. Failure to communicate effectively in your host’s language can complicate every step of the asylum process, so seek language assistance services early. Typically, you can tell your host country to provide you with a free interpreter.

Some countries may provide you with access to language courses, informal language exchanges that will help you improve your communication skills for everyday interactions.

In addition, you may be provided with other resources (depending on the country), such as various guides, workshops, personal consultations, educational materials. There you can get valuable information about social norms, legal expectations, and practical tips for adaptation. All this is usually available in different languages. Psychosocial support services are sometimes available through local health centers or specialist services.

Not all countries provide access to education and the opportunity to work in their country at the stage of consideration of applications. If you do not have a stable source of income, then it is advisable to study local legislation in this regard in advance, since you may remain in a state of “uncertainty” for quite a long time.

Many procedural obstacles significantly increase the processing time for asylum applications.

The aforementioned Dublin Regulation in the European Union can lead to lengthy negotiations, with applicants simply waiting for a decision on which country will consider their request.

Uncertainty and delays can have a significant impact on applicants’ mental health if not prepared in advance.

While waiting for a decision, you can start learning a new language and developing new social skills. At the same time, try to set short-term goals, not forgetting about the likelihood of a negative decision.

It is extremely important to prepare yourself for any outcome by thinking about an appeal in advance, and exploring alternative legal means of living in your country of residence, such as other visas and humanitarian protection.

Take seriously the choice of the country in which you will seek asylum, study the statistics on the duration of consideration of applications and the percentage of satisfied applications, what rights and guarantees will be provided to you during the waiting period.

For example, statistics say that Chile is a country that practically does not grant refugee status to anyone. Namely, permanent residence permits in this country due to refugee status are issued to a very small number of persons. However, almost immediately after entering the country, you can obtain a refugee visa, which gives you not only the opportunity to live in the country for several years, but also to enjoy all the rights equivalent to a residence permit (the right to work, study, free medical care). This visa must be renewed every 8 months. But you need to be prepared for the fact that after 5-7 years you will still be denied permanent residence and will need to leave the country within 30 days (or request the opportunity to stay in it on other grounds).

To increase your chances of success, we recommend starting the asylum process by seeking quality legal assistance. Even before submitting your application, show the lawyer all the documentation you have and together choose the country where you can request assistance.

You should be as honest as possible and share all the details, including any potential problems. Trusted relationships will be critical to providing effective legal support.

For more detailed information and personal advice, you can always contact our experts.

Recommended reading:

USCIS Welcomes Refugees and Asylees

https://www.uscis.gov/sites/default/files/document/brochures/USCIS_Welcomes_Refuge

UNHCR, THE UN REFUGEE AGENCY: Who we protect:

https://www.unhcr.org/about-unhcr/who-we-protect

Human Rights Watch: Refugees and Migrants:

https://www.hrw.org/topic/refugees-and-migrants

CENTRAL AMERICA REFUGEE CRISIS:

https://www.unrefugees.org/emergencies/central-america/

Who is eligible for asylum or refugee status?

Eligibility varies by country, but generally includes those fleeing persecution based on race, religion, nationality, membership of a particular social group, or political opinion.

What is the first step when applying for asylum or refugee status?

The first step is usually to file an application in the country in which you want asylum, often at a designated port of entry or immigration office.

Can I work while my asylum application is pending?

It depends on the laws of the country where you are applying. Some countries allow you to work after a certain period of time or after obtaining provisional status.