What Are The Grounds For Seeking Asylum?

Asylum is granted to individuals who are forced to flee their home country due to a well-founded fear of persecution. The grounds for seeking asylum are based on international human rights law, particularly the 1951 Refugee Convention, and they typically involve persecution or the threat of harm due to specific reasons.

The Main Grounds for Seeking Asylum:

Race:

Individuals who face persecution based on their race or ethnic background may seek asylum. This includes discrimination, violence, or targeted harm because of one’s racial identity. For instance, if someone from a particular ethnic group in their home country faces systemic violence or forced displacement, they may qualify for asylum.

Religion:

Religious persecution is a common ground for seeking asylum. Individuals who are at risk of harm, imprisonment, or death because of their religious beliefs can apply for asylum in another country. This includes cases where a person is unable to practice their religion freely or faces discrimination for their religious views.

Nationality:

Asylum can be granted to those who face persecution due to their nationality. This could involve ethnic or linguistic groups that are discriminated against by the government or dominant groups in their home country. A person may seek asylum if they face threats or violence because of their nationality or the minority status of their group.

Political Opinion:

Individuals persecuted for their political views or activism have a valid basis for asylum. This includes individuals who speak out against the government, participate in protests, or belong to opposition political groups that are persecuted. If an individual is at risk of harm due to their political beliefs, they can seek asylum in another country.

Membership in a Particular Social Group:

Asylum seekers can claim protection if they are part of a specific social group that faces persecution. This could include groups that share a common characteristic, such as gender, sexual orientation, or a particular family status. For example, LGBTQ+ individuals in countries where homosexuality is criminalized may seek asylum if they fear violence or imprisonment.

Fear of Torture or Inhuman Treatment:

An individual who fears torture, inhuman, or degrading treatment in their home country may apply for asylum under the Convention Against Torture (CAT). If there is evidence that an individual will face torture or degrading treatment due to one of the above factors, they can claim protection.

Additional Considerations:

Well-Founded Fear of Persecution:

To qualify for asylum, the applicant must demonstrate a well-founded fear of persecution. This includes showing that they face a real and serious risk of harm if they return to their home country, supported by credible evidence such as testimonies, reports, and documentation.

Government Involvement or Indifference:

Persecution must typically be carried out by the government or a group the government cannot or will not control. For example, if a person is being persecuted by non-governmental actors (such as militias or organized crime) and the government is unable or unwilling to protect them, they may still qualify for asylum.

Protection from Return (Non-refoulement):

International law prohibits the expulsion or return (refoulement) of refugees to countries where they face threats to their life or freedom. This principle is fundamental to asylum law and ensures that individuals who qualify for asylum are not forced to return to a dangerous or life-threatening situation.

Example:

An Indian journalist who has been threatened and harassed for exposing corruption in the government may claim asylum in another country based on political persecution. They must provide evidence of the threats, such as police reports, letters, or media coverage, and demonstrate that returning to India would expose them to further harm due to their political opinions.