Political asylum is granted to individuals who have been or may be persecuted in their home country because of their political or religious beliefs, or for actions that are not considered crimes in other countries. It gives the right to enter and stay in the territory of another state. However, let’s take a closer look at the legal structure of the terms, the specifics of the asylum procedure, and discuss the countries where it is possible.
- Right to political asylum
- Basis for granting political asylum
- How to prove persecution in the country of citizenship?
- Types of asylum
- Can Asylum Be Applied for While in the Home Country or a Third Country?
- What if you don't have an open visa?
- What is the best country to seek asylum in?
- Where to appeal and how long to wait for a decision?
- How do I get political asylum in the USA?
- How to get political asylum in Germany?
- How long is political refugee status granted for?
Right to political asylum
Asylum is the right of a state to allow a person who is or may be persecuted in his or her home country because of his or her socio-political, scientific or religious activities to enter and remain on its territory. In many European countries, such as France and Italy, this legal provision is seen as an opportunity for a person who is persecuted in his or her country to seek refuge in another country.
According to Article 14 of the Universal Declaration of Human Rights of 1948, “Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of persecution genuinely based on the commission of a non-political crime or on an act contrary to the purposes and principles of the United Nations.”
The 1967 Declaration on Territorial Asylum states that the provision of asylum is carried out by the state on the basis of its sovereignty. The state independently assesses the grounds for granting asylum. An asylum seeker shall not be refused entry or expelled to a country where he or she may face persecution, except in cases of national security or the protection of the population, including mass influxes of persons.
The 1997 Declaration on Territorial Asylum provides that asylum is granted to any person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
In Latin America, the right to asylum is regulated by the 1928 Havana Convention on Asylum and the 1954 Caracas Convention on Territorial Asylum.
In practice, the right to asylum gives a person the right to enter the territory of a given state and to remain there lawfully. A person who has been granted asylum is allowed to remain in the state indefinitely and cannot be expelled to his or her country of nationality or to another foreign country. Asylum is generally not granted to persons who have committed common or international crimes. However, in some cases, states may impose restrictions and conditions on the granting of asylum.
Basis for granting political asylum
The grounds for granting political asylum may vary from country to country, but they generally include the following categories:
- Persecution based on political beliefs: This is one of the main grounds for granting political asylum. If you are persecuted in your home country because of your political beliefs, participation in political activities, or criticism of the government, this may be grounds for granting asylum.
- Persecution based on religious beliefs: If your religious beliefs are persecuted in your home country, you may also be eligible for political asylum.
- Persecution based on race, ethnicity, or social status: Persecution based on race, ethnicity, social status, or membership in a particular social group may also be grounds for granting political asylum.
- Persecution based on gender or sexuality: If you are persecuted because of your gender identity, sexual orientation, or membership in the LGBTQ+ community, this may also be grounds for granting asylum.
- Persecution due to membership in a particular group: Belonging to a particular organization or group that is persecuted in your home country may also be grounds for asylum.
- Persecution due to criminal charges: In some cases, if you are persecuted in your home country due to criminal charges that are politically motivated or unjust, this may also be grounds for asylum.
- Threat of physical danger: If you have concrete evidence that your life or physical well-being is at risk in your home country, resulting in violence, torture or death, this may be grounds for asylum.
It is important to remember that the grounds for asylum may vary from country to country and depend on many factors. Therefore, it is important to seek help from professionals, such as immigration lawyers or asylum specialists, to assess your situation and determine whether you qualify for asylum in a particular country.
How to prove persecution in the country of citizenship?
The chance of obtaining political asylum increases with open criminal proceedings. Without them, evidence of persecution is needed, such as subpoenas, responses to official appeals, media publications, and social network correspondence. Official documents are crucial as they hold significant evidentiary power. In some cases, testimonies confirming harassment, particularly threats, may suffice. Evidence of refusal to initiate criminal proceedings on a persecution claim is also significant.
Types of asylum
Asylum comes in two forms:
- Territorial asylum, allowing individuals to seek refuge from political persecution in another country.
- Diplomatic (extraterritorial) asylum, offered within the premises of a consular office, diplomatic mission, or on a foreign warship in another country’s territory.
The right to asylum is governed by state constitutions, which declare that stateless persons and foreigners are granted asylum as per legal procedures. While constitutions establish the right to asylum, specific laws detail the procedures. However, in many countries, political asylum granting remains under-regulated and is often based on decisions made by high-ranking officials.
Since the 1961 Vienna Convention on Diplomatic Relations, diplomatic asylum has largely ceased. The Convention states that the inviolability of diplomatic or consular premises, or the extraterritoriality of a foreign warship, does not justify granting asylum to those prosecuted politically by the host state. It prohibits using diplomatic missions for purposes not aligned with their official functions.
However, diplomatic asylum remains common in Latin American treaty practices. The Havana Convention of 1928 and the Caracas Convention of 1954 acknowledge diplomatic asylum rights and establish procedures for its granting.
Can Asylum Be Applied for While in the Home Country or a Third Country?
To reside in a foreign country, there are two legal bases: refugee status and political asylum. Asylum seekers differ from refugees in that they apply while already in the country of asylum. To apply for political asylum, one must first obtain entry documents, like a visa.
What if you don’t have an open visa?
To seek asylum, one option is to enter a country with a visa-free regime and then apply for a visa. If lacking a passport, find a country allowing entry without one, then obtain a passport from a consulate and a visa. Under U.S. law, the Lautenberg Amendment of 1989 allows applications for asylum at a U.S. Embassy in your country of residence, but only on religious grounds or if you have relatives in the U.S.
You can buy a connecting flight ticket to a country where you don’t need a visa and request asylum at the airport. However, be aware of the risks:
- The possibility of deportation, with the best outcome being a subpoena for a court date and temporary release.
- Difficulty in finding an attorney as you won’t be allowed to leave the airport.
- Police may detain you in immigration jail until your court hearing.
- The asylum process changes: administrative asylum is no longer an option.
Understanding global history and politics is beneficial, as some countries have territories with different laws and easier entry procedures. For instance, Guam, a U.S. territory in the Pacific Ocean, offers entry permits upon arrival at the airport to citizens of many countries, though some may need a visa. It’s advisable to check beforehand if your country requires a visa.
What is the best country to seek asylum in?
It should be noted that there is no universal asylum board and the possibility of applying for asylum depends on the specific circumstances. It is important to keep in mind that in order to apply for asylum in any country, you must have a visa that allows you to enter that country.
It should be noted that some countries, such as Germany and Austria, provide good financial support to people who have just applied for asylum. In Germany, for example, people with refugee status can receive benefits similar to those paid to unemployed people. In addition, the authorities provide funds for rent, language courses and vocational training courses.
Other countries, such as Sweden and France, also provide significant assistance to people applying for asylum. However, in Spain the level of support is significantly lower, and in Poland and the Baltic countries they do not provide such funds that would ensure a decent living.
In addition to financial support, it is important to consider other factors when choosing a country to apply for asylum. For example, the US does not persecute people based on their nationality or sexual orientation, religion is not enshrined as a state religion, and same-sex marriage is legal. This makes the US an attractive option for those seeking protection.
Spain offers the opportunity to obtain permanent residence after three years of residence in the country, even if the stay was illegal. Lithuania is distinguished by its fast decision-making on asylum, the term of which is limited to six months.
Where to appeal and how long to wait for a decision?
To apply for asylum, first contact the police or special “arrival points” in most European countries, or a police officer at the airport. Submit your application to the relevant authority in the country; in the U.S., this is the United States Citizenship and Immigration Service (USCIS).
Processing times vary by country. In Germany, one year is considered fast, with the usual period being two to three years. Other countries may process applications more quickly, with Lithuania having a maximum processing time of six months.
How do I get political asylum in the USA?
In America, the key documents governing political asylum procedures are:
- UN Convention (28.07.1951)
- US Constitution
- 1980 Refugee Act
- Citizenship and Immigration Act (27.06.1952)
In America, asylum policies can reflect the current administration’s stance. For instance, under Donald Trump, the focus shifted towards Ukrainian refugees. To apply for political asylum in the U.S., one must:
- Have been in the country for no more than a year, unless they can justify why they couldn’t apply earlier.
- Enter the U.S. directly, as it’s expected to seek asylum in any “safe country” en route.
- Submit all required documentation.
- Prove a legitimate threat of persecution.
As written above, the general rule is that the application is filed in the United States. However, there is additionally the Lautenberg Amendment of 1989, and it is also possible to apply for protection while at the airport.
The application is filed independently or through an attorney. However, since there are specifics in the law, we recommend filing through a lawyer – otherwise there is a risk of making mistakes and losing time.
The process for submitting asylum documents involves:
- Gathering documents for the applicant and accompanying family members.
- Writing a personal history detailing persecution, supported by evidence like certificates, photos, and news articles.
- Sending these documents to the local USCIS (United States Citizenship and Immigration Service).
- Receiving an invitation for biometrics (fingerprints and photo) usually within 10 days of application submission. Biometrics must be submitted within 14 days, or the application will not be considered.
- Attending an interview covering detailed personal history.
- If approved, receiving a White Card, confirming refugee status and allowing U.S. residency. After one year, applicants can apply for a Green Card, and after five years total, for citizenship, provided they have worked, obeyed laws, know English, and are ready to accept the responsibilities of U.S. citizenship.
If an asylum application in the U.S. is denied, it can be appealed in an independent court. Required documents for the application include:
- Application form, available on the USCIS website with instructions.
- Recent passport-sized photos (taken within the last month).
- Copies of personal documents like passports and driver’s licenses.
- Copies of family members’ passports if they are also applying.
- A detailed history of persecution with supporting evidence.
- Description of the home country’s situation, including reports from human rights organizations and the U.S. State Department.
- Evidence of persecution and harassment, such as summonses, court decisions, medical and psychologist reports, expert examinations, photos, videos, and media articles.
- Testimonies with a copy of the witness’s passport, if available.
All documents shall be submitted in English only. Materials in other languages must be translated. But notarization of documents is not required.
How to get political asylum in Germany?
Germany, a leading destination for migrants due to its economic development, has a comprehensive legislative process for granting political asylum, detailed in the Asylum Act of 26.06.1992. This law outlines criteria for political refugee status, specific conditions, procedures for applicants, housing provisions, and status termination. It grants legal residence, free movement within Germany, employment rights, and social assistance of 250-300 euros.
In Germany, foreigners facing persecution due to race, religion, nationality, politics, or other reasons, and unable to seek protection in their own country, can receive political asylum. However, those who have committed crimes against peace, humanity, war crimes, or serious non-political crimes outside Germany are not considered refugees.
German law defines persecution as severe enough to violate basic human rights or as a series of actions equivalent to such a violation, including the right to life, prohibition of torture, and personal freedom and integrity. Due to these broad criteria, many are eligible for asylum.
Interestingly, Germany has no standard form for asylum applications; they can be oral, written, or in another format, as long as they express the intent to seek protection from political persecution or deportation. Applications are made to the Federal Office for Migration and Refugees, which may redirect them if necessary.
At the border without a visa, refugees can request asylum from border guards. However, if they’re at a border with a “safe country,” they will likely be denied.
Upon illegally entering Germany, refugees must immediately apply for asylum at a reception center, police station, or the Federal Office for Migration and Refugees. This applies to minor children as well. They must provide identification details, report any residence permits, submit passports and other documents, acquire identity documents if absent, and comply with all identification procedures.
In Germany, all asylum applicants are sent to a designated reception center, essentially a secured area with housing units, a police station, medical center, canteen, etc. Each applicant is entitled to a living space of 6.5 square meters and receives food, hygiene products, clothing, and material assistance from the state. Refugees are required to stay in such a camp for at least 3 months.
Following personal data verification and asylum eligibility assessment, the interview stage occurs. This is crucial, as it forms the basis for the final decision. Applicants must present evidence of persecution and threats to life and health in their home country during the interview.
After the interview, a decision on granting or denying political asylum is made within three months by law, although this can extend up to a year in practice. Decisions can be appealed in court.
How long is political refugee status granted for?
Asylum status can be temporary or permanent. Temporary status is often given to those belonging to persecuted groups in their home country but not personally persecuted, or to LGBT community members. Permanent status allows residency even if the home country’s regime changes and the threat subsides. With permanent status, individuals can eventually apply for citizenship.
Useful articles you should read:
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- International Arrest Warrant
- Non Extradition Countries
- Can You Get Arrested at the Airport?
- Can You Fly if You Have a Warrant?
