Asylum is an International Right: The Requirements for Applying for International Protection in a Foreign Country
The right to asylum protects people fleeing persecution in their home country. Applying for asylum is a complex process that requires meeting legal conditions and presenting evidence of the danger faced by the applicant. There are two main types of protection: political persecution and humanitarian protection. To obtain asylum, it is necessary to be physically present in the receiving country, present evidence of persecution and meet certain legal requirements. Translation services are key in this process, as they ensure correct communication with the authorities and accurate submission of documents. Countries such as Germany, the United States and France receive a high number of applications. In case of rejection, applicants can appeal, request a review or avail themselves of subsidiary forms of protection.
Asylum is an essential international right that protects people fleeing serious persecution in their home country. However, applying for this type of protection in a foreign country is a complex and rigorous process that requires meeting a number of legal conditions and presenting convincing evidence that the applicant faces significant dangers if returned to his or her homeland. This essay discusses the requirements necessary to apply for this protection, the different types that exist, the conditions that must be met and the countries that receive the most requests. In addition, we will explore the most common cases of applicants, what to do in case of a rejected petition, and the crucial importance of translation services in this context.
Content
- Variants and their Requirements
- General Conditions for Requesting International Protection
- Countries with the Highest Number of International Protection Applications
- Common Cases and Types of Migrants Seeking International Protection
- Application Rejection Procedures
- The Importance of Translation Services in the Protection Application Process
- Glossary
Variants and their Requirements
International protection is generally granted to persons who can demonstrate that they have been persecuted or have a well-founded fear of persecution in their country of origin for reasons of race, religion, nationality, membership of a particular social group or political opinion. There are two main types: political persecution protection and humanitarian protection.
Political Persecution
This type of protection is granted to individuals who face serious risks because of their political opinions. It is common among activists, journalists and people who oppose authoritarian regimes. To be eligible, the applicant must show that his or her life or freedom is in danger because of his or her political beliefs and that the government of his or her country is unable or unwilling to protect him or her.
Humanitarian Protection
This type is granted to individuals fleeing situations of war, extreme violence or natural disasters. Unlike protection based on personal persecution, humanitarian protection may be extended to individuals fleeing general adverse conditions, such as armed conflict or humanitarian crises. To qualify, the applicant must demonstrate that he or she is unable to return to his or her country due to generalized conditions of danger that threaten his or her life, physical integrity or human dignity.
General Conditions for Requesting International Protection
Regardless of the type of protection requested, there are certain general conditions that must be met:
- Presence in the Host Country: The applicant must be physically present in the country where he/she is applying for protection or at a point of entry in that country. In most cases, it is not possible to apply from outside the receiving country.
- Application Time: It is crucial that the application be submitted within a specified period after arrival in the receiving country. In many countries, this period is one year, although there may be exceptions for special circumstances.
- Persecution or Risk Tests: The applicant must present convincing evidence of the persecution suffered or the imminent risk faced. This evidence may include testimony, medical reports, legal documents, and evidence of threats or violence.
- Not to be a Pursuer: The applicant must not have been involved in the persecution of others. Those who have committed serious crimes, acts of terrorism or human rights violations may be considered ineligible for this protection.
- No Internal Relocation Alternative: The applicant must demonstrate that he or she cannot move to another region of his or her home country where he or she would be safe and would not face persecution.
Countries with the Highest Number of International Protection Applications
Some countries receive significantly higher numbers of applications due to various factors, including armed conflict, humanitarian crises, and political and economic stability.
Germany
Germany has been one of the most important destinations for applicants, especially during the 2015 refugee crisis, when more than one million people, mainly from Syria, Afghanistan and Iraq, sought such protection in the country. Germany's economic stability and commitment to human rights have made it an attractive haven for those fleeing conflict and persecution.
United States
The United States is another important destination for those seeking international protection, especially those fleeing violence in Latin America. Individuals from countries such as El Salvador, Honduras and Guatemala have sought protection in the United States due to gang violence, political persecution and lack of protection from their governments. However, U.S. policies have been the subject of considerable debate, with significant changes affecting accessibility and the application process.
France
France also receives a high number of applications, with people coming mainly from African countries such as Sudan, Eritrea and Somalia, as well as from the Middle East. France's long history as a protection country and its commitment to human rights make it a key destination for those seeking safety.
Common Cases and Types of Migrants Seeking International Protection
Applicants come from a wide variety of backgrounds and situations. However, certain types of migrants and circumstances are more common in applications.
Refugees from Armed Conflict
One of the most common groups among applicants are refugees fleeing armed conflict. This includes people from countries such as Syria, Afghanistan, South Sudan and Ukraine, where war and violence have devastated entire communities. These applicants often seek protection in countries that offer security and stability, and have welcoming policies.
Victims of Political and Religious Persecution
Another significant group of applicants includes individuals persecuted for their political or religious beliefs. These applicants often come from authoritarian regimes where freedom of expression and religious practice are severely restricted. Individuals from countries such as Iran, Eritrea and China have sought protection in nations where their fundamental rights are respected.
Victims of Gender Violence
In some cases, women and LGBTQ+ persons seek protection due to gender-based violence or persecution based on their sexual orientation or gender identity. In many countries, domestic violence, honor crimes and persecution of LGBTQ+ persons are not treated as serious crimes, forcing victims to seek safety abroad.
Application Rejection Procedures
Rejection of an application is not the end of the road for an applicant. There are several options that can be explored in the event of a rejection.
Appeals
In most countries, applicants have the right to appeal a rejection decision. The appeals process allows the applicant to present further evidence or correct errors in their initial application. However, appeals can be lengthy and costly processes that require the assistance of immigration lawyers.
Review Requests
Another option is to seek judicial or administrative review of the decision. This involves taking the case to a higher court or immigration authority in the hope that the merits of the case will be reviewed. Reviews may be based on incorrect interpretation of the law, failure to consider key evidence, or procedural errors.
Request for Subsidiary Protection
In some cases, an applicant may be eligible for a form of subsidiary or temporary protection, even if his or her application has been rejected. This protection is less permanent than full international protection, but may allow the applicant to remain in the receiving country until conditions in his or her home country improve.
Voluntary Return
For those who have no other option, voluntary return to their country of origin or to a safe third country may be a solution. In some cases, international organizations and governments offer financial and logistical assistance to facilitate the safe and dignified return of rejected applicants.
The Importance of Translation Services in the Protection Application Process
Translation services play a crucial role in the protection application process. From gathering evidence to communicating with immigration authorities, accurate translation of documents and testimony is vital to ensure a fair and efficient process.
Document Translation
Legal documents, medical reports and testimonies submitted as evidence in an application must be accurately translated into the language of the receiving country. Errors in translation can lead to misunderstandings that could prejudice the applicant's case. It is essential that translations be done by professionals with knowledge not only of the language, but also of the relevant legal terms and cultural contexts.
Interpretation During Interviews
Interviews with immigration authorities are a crucial component of the process. During these interviews, it is essential that applicants are able to clearly articulate their situation and answer complex questions. Professional interpreters ensure that there are no misunderstandings and that the applicant's answers are communicated accurately. A misunderstanding or misinterpretation during an interview can lead to denial of the application.
Access to Information and Services
Applicants often face language barriers that make it difficult for them to access vital information about their rights and the application process. Translation services enable applicants to better understand the receiving country's legal system and access support services, such as legal assistance and psychological counseling, which is critical to their well-being and the success of their application.
Glossary
- AsylumInternational protection granted to persons fleeing persecution in their country of origin.
- International ProtectionMeasure to protect people who face risks in their country, whether for political, humanitarian or other reasons.
- Political PersecutionSerious risk to a person's life or liberty because of his or her political beliefs.
- Humanitarian ProtectionProtection offered to those fleeing extreme situations, such as war or natural disasters.
- Persecution or Risk TestsDocuments or testimonies that demonstrate that the applicant is in danger.
- USCISUnited States Citizenship and Immigration Services, the agency that manages the U.S. immigration system.
- AppealReview process of a negative decision in an asylum application case.
- Legal TranslationLegal translation: Specialized translation of legal texts, crucial in asylum cases.
