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Latest Question

Q.lack of state protection as persecution

By Menachem (Montreal, Quebec, Canada) On Jul 11, 2012 Public

Asylum Country : Israel,
Concepts : Persecution, condoned by state; Persecution, tolerated by State; State, unwillingness to protect
Summary : Can a state's refusal to provide protection to an individual, in a destabilized country (Chad), based on his imputed political opinion and ethnic group, constitute persecution under the convention? The asylee claims that he was repeatedly terrorized by rogue soldiers and rebels, and could not go to the police because they previously accused him of being a rebel, though they have not actively searched for him for two years.

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Q.Exceptions to Serious Non-Political Crime Bar

By Adrian (San Diego, California, United States) On Jun 04, 2012 Public

Concepts :
Summary : I am looking for relevant US caselaw (9th Circuit, for bonus points), or any materials that address exceptions to the "Serious Non-Political Crime" bar to asylum, particularly where self-defense may be involved. Can anyone provide any insights? Thanks! Adrian Cyhan Volunteer Pro-Bono Asylum Attorney in San Diego

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Q.Identification for Malian Native/Asylum Case

By Adrian (San Diego, California, United States) On May 02, 2012 Public

Asylum Country : United States,
Concepts :
Summary : I represent Malian native seeking asylum in the US, on a pro-bono basis. He arrived at the border months before the coup and humanitarian crisis began. He is a farmer from a rural area of northern Mali, and arrived at the US border with no documents. He has undergone persecution including bodily injury. I am seeking help/advice in locating any ID documents for him, or identifying an expert who might submit a declaration or testify that people of my client's ethnic group (Tamasheq) are often enslaved or live in quasi-slavery conditions, and that government ID records likely do not exist, or would be very difficult to locate and obtain. Any help is appreciated. Adrian Cyhan, UM Law '00.

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Q.Political refugee with DUI charge/potential expungement

By Timothy (Pittsburgh, Pennsylvania, United States) On Mar 21, 2012 Public

Asylum Country : United States,
Concepts :
Summary : I am a Public Defender in Pennsylvania and have a client who is a political refugee from Nepal. He has been in the U.S. for 9 months and is scheduled to be granted permanent residency after one year here. He is charged with underage Driving Under the Influence. He is elegible for ARD, meaning he would plead guilty now, then follow guidelines and punishments, typically probation and safe driving classes. If he fully complies with the ARD agreement his record would be expunged. My question is whether or not the standard of commiting a crime of "moral terpitude" to be deported for non-perminant immigrants is the same for refugees. The ARD deal gives my client the best chance to move on with his life, but I do not want the, albeit temporary, guilty disposition to negatively effect his refugee status. Any advice? Thank you.

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Q.Asylum Proceeding

By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public

Asylum Country : Austria,
Concepts :
Summary : My client applied for asylum based on his political opinion,he testified at lengh during a master hearing,presented evidence to support his claim including 1-A statement from the president of his political party confirming his persecution, 2-His party membership card. 3-An appointment letter for the position he held in the party. 4. Notoriety Affidavit from a member of his party with whom he was arrested and detained with. 5-A Copy of a death certificate of his brother killed during torture. 6-A release police bond. 7.A Court bail bond. Investigations were carried out in his home country and two of his evidence were declared forged by the embassy investigator ,that was 1 and 2 , in Evidence 1 the investigator stated that the case number belongs to another case and for Evidence 2 the court has no Jurisdiction.he states no further on how he reached his conclusion and his qualification.what should be done in this case and what could be the out come on appeal?

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Q.False documents

By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public

Asylum Country : Austria,
Concepts :
Summary : My client applied for asylum based on political opinion. He submitted Evidence ,1- A Statement from the president of his his political party confirming his persecution, 2-a party membership ID, 3-an appointment letter to the position he held in the party, 4-A notoriety Affidavit from his party member confirming his arrest,5- a Death certificate of his brother ,6 - a Court bail and a police bond letter. After an investigation in his home country the results came out with an allegation that two of his documents where forged that was the police bond and the court bail. For the police bond the statement reads that the "on checking the case file the number belonged to another case their for it is forged" and for the court bail it stated that " the court has no jurisdiction their for it is forged" Their was no information about the investigator and how the investigation was conducted ,if he had any interactions with the authorities which issued the documents. Can you please advise ?

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Q.Loss of Italian permanent residency

By Martin (Thornhill, On, Canada) On Jan 26, 2012 Public

Asylum Country : Italy,
Concepts : Citizenship, claim to
Summary : My client obtained PR status in Italy through family unification. She got married and then divorced in 2003. Has she lost her PR status because she is now divorced?

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Q.Convention travel document and consular assistance

By Harriet (London, London, United Kingdom) On Dec 16, 2011 Public

Concepts : Consular services
Summary : Can the issuing of a convention travel document give a refugee travelling to a third country an expectation of consular assistance? Only a British citizen is entitled to the consular assistance of the UK government. Does Article 25. 'Administrative assistance' of the 1951 Convention create an obligation to the state to offer comparable assistance?

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Q.self employment fo Refugees n the USA

By moti (Petach Tikva, Israel, Israel) On Oct 05, 2011 Public

Asylum Country : United States,
Concepts : Economic, social and cultural rights; Employment, right to, risk of denial of
Summary : What is the policy in the US regarding a refugee that desirses to run a bussines ? Are there any restictions on him or her? Does a temporary protected person has the same law regarding self-employment as a refugee?

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Q.Statelessness in Norway

By Dana (Bygland, Aust-Agder, Norway) On Sep 02, 2011 Public

Asylum Country : Norway,
Concepts :
Summary : Which section of the EU human rights law and/or Statelessness convention or any Treaty or agreement Norway have signed, Can Palestinians from Iraq, Egypt and Palestinian territory use to be granted Asylum, based on being stateless and based on being refugees since 1948, while the ones from the west bank and Gaza are under direct threat to be injured, killed or simply humiliated if they were to be sent back? Stateless Palestinians who used to reside in host countries such as the Gulf states,i.e UAE, Qatar and Oman I would appreciate your answers and comments.

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Q.Are there cases in which harm directed to a close family member would extend to the applicant as a basis for past persecution?

By Benjamin (Houston, Texas, United States) On Aug 31, 2011 Public

Asylum Country : United States,
Concepts : Past persecution; Well-founded fear
Summary : The actual physical harm was directed to a close family member (applicant's father and uncle); threats of substantial bodily harm and death were directed to the applicant. Applicant's father receives similar threats, but remains in the country. Applicant fled the country for a few years, returned briefly to his home country (for less than a month), where he was approached and beaten, and he fled back to the US, where he petitioned for affirmative asylum.

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Latest Question

Q.Exceptions to Serious Non-Political Crime Bar

Q.Identification for Malian Native/Asylum Case

Q.Political refugee with DUI charge/potential expungement

Q.Asylum Proceeding

Q.False documents

Q.Loss of Italian permanent residency

Q.Convention travel document and consular assistance

Q.self employment fo Refugees n the USA

Q.Statelessness in Norway

Q.Are there cases in which harm directed to a close family member would extend to the applicant as a basis for past persecution?

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