This document provides a brief introduction to refugee and asylum law concepts. It notes that refugee and asylum issues are complex and may be simplified here due to space limitations. The reader is advised to consult an immigration attorney for any specific questions. It then defines key terms like refugee and asylee under US law. It explains the elements required for an asylum claim, such as a well-founded fear of persecution on the basis of protected characteristics. It also outlines eligibility requirements and bars to asylum protection. The document encourages reviewing additional resources for more on these topics.

1. Introduction to
Refugee & Asylum Law
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. (Disclaimer)
This presentation is intended only as a brief introduction to Refugee
and Asylum law concepts. Many of the issues discussed are overly
complex, and due to space limitations, this presentation necessarily
provides simplified or summarized explanations of these issues.
There may be exceptions to the general rules presented here, and
changes to the law may have occurred since the time of writing this
presentation.
If you have questions regarding your particular situation, you should
consult with a qualified immigration attorney.
At the conclusion of this slideshow you will find contact information
for the author – please feel free to contact the author if you have
specific questions or would like additional information on this topic.

3. What is Refugee & Asylum Law?
Certain (non-citizen or non-permanent resident) individuals
can be permitted to enter and remain in the United States,
for the purpose of receiving protection from harm in their
home country.
This presentation will briefly discuss Refugees and Asylees
– those individuals seeking protection from persecution in
their home countries.
This presentation will NOT discuss the related form of
protection known as Temporary Protected Status (“TPS”)
please look for articles on TPS & related topics at:
www.ImmigrationInfoSite.com

4. Definitions
Under the Immigration and Nationality Act
(“INA”), a “Refugee” is defined as:
“any person who is outside any country of such
person's nationality or, in the case of a person having
no nationality, is outside any country in which such
person last habitually resided, and who is unable or
unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of, that country
because of persecution or a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political
opinion”

5. Definitions
An “Asylee” is:
A person who qualifies as a “Refugee” as defined in the INA,
but who is physically present in the U.S., or who is arriving in
the U.S., at the time of applying for Asylum protection

6. Now in Plain English
A Refugee is a person who is seeking protection in a
country other than his home country, because he fears
persecution in his home country.
Because of his fear of persecution, he is unable or unwilling
to return to his home country.
He is also unwilling or unable to seek or obtain protection
in his home country.
He must demonstrate a “well-founded fear of
persecution”, based on his belonging to one of five classes
of persons protected under Asylum law (see next slide) …

7. Protected Classes
The five “protected classes” under Asylum law are:
Race
Religion
Political Opinion
Members of a Particular Social Group
Nationality (National Origin)

8. Now in Plain English
An Asylee is basically a person who qualifies as a
Refugee – as defined above – but who is already in
the U.S., or who is applying for entry into the U.S. (at
a border or other point-of-entry), at the same time as
he is requesting protection from persecution in his
home country.

9. Elements of Asylum Claim
In other words, in order to receive Asylum
protection in the U.S., an Applicant must
demonstrate ALL of the following:
A well-founded (reasonable) fear of persecution;
based on his race, religion, political opinion,
membership in a particular social group, or national
origin;
at the hands of the government (of his home country),
or a group from which the government cannot or will
not protect the Applicant; and
Fear of persecution is “country-wide”

10. What is “Persecution”?
Persecution is a threat to life or freedom, or the
infliction of suffering or harm . . . in a way regarded as
offensive
Persecution can include arbitrary arrest and
detention, torture, physical abuse, death threats, or
actual killing
Persecution can also include being deprived of food,
shelter, employment, or other life essentials

11. What is a “Well-Founded Fear”?
An Applicant need not prove that he has suffered actual
persecution in the past – he can show that he has a “well-
founded fear” of future persecution, if he can show that a
“reasonable person” in the same situation would fear
persecution
However, a showing of past persecution creates a
presumption that the Applicant has a “well-founded fear”
of future persecution

12. Fundamental Change in
Circumstances
Even if the Applicant proves that he has been the victim of
actual past persecution, the Department of Homeland
Security (“DHS”) can “rebut” the presumption of a “well-
founded fear” of future persecution, if it can demonstrate
a “fundamental change in circumstances” (changed
country conditions) in the Applicant’s home country.
In other words, a showing of past persecution will NOT be
sufficient to demonstrate a “well-founded fear” of future
persecution, if it is shown that changed country conditions
make future persecution unlikely

13. Example of Changed Country
Conditions
Where the Applicant proves that he was persecuted in the
past by the government, it is presumed that he also has a
“well-founded fear” of future persecution
However, if the DHS can show that there is a new government
(or political party) in power in the Applicant’s home country,
and that the new government is NOT likely to persecute
Applicant based on his race, religion, political opinion,
membership in a particular social group, or nationality, then a
“well-founded fear” of future persecution will no longer be
presumed
(the end of a war or other conflict is another example of a
“changed country condition” that can rebut the “well-founded
fear” presumption)

14. Must be a Member of One of the
Protected Classes
Not all threats of harm or persecution will qualify an
Applicant for Asylum protection – the feared
persecution must be on account of the Applicant’s:
Race
Religion
Political Opinion
Membership in a Particular Social Group, or
Nationality

15. More on Protected Classes
While the concepts of race, religion, and nationality
are self-explanatory, the “political opinion” and
“particular social group” classes require further
discussion:

16. Political Opinion
Political Opinion can include Imputed Political Opinion.
This means that the Applicant fears persecution based on
a political opinion that he may not in fact hold, but one
that his persecutor believes him to hold – for example, an
individual believed to be a member of a rebel group, even
when not true.
If the persecutor acts on the belief that the Applicant holds
a certain political opinion, which the Applicant in fact does
not hold, then the Applicant may be entitled to Asylum
protection based on imputed political opinion.

17. Particular Social Group
Members of a “Particular Social Group” can be defined as
those individuals who have a “common immutable
characteristic”, such as sex, color, family ties, or in some
cases a shared past experience or background
The characteristic must be one that the group members
“cannot change, or should not be required to change
because it is fundamental to their individual identities or
consciences”
Membership in the group must be visible or “perceivable”
to other members of society – the group members must
be readily identifiable as members of that group

18. Persecution at the Hands of the
Government
The Applicant must demonstrate that the persecution
that he fears in his home country would be inflicted
by the government of that country, or by some group
or entity from which the government cannot or will
not protect the Applicant

19. Fear must be “Country-Wide”
The Asylum Applicant must demonstrate that he is unable
or unwilling to return to any place in his home country. It is
generally not sufficient to demonstrate that he is afraid
only to return to a particular part of his country.
In other words, if the Applicant could reasonably relocate
to another part of his home country and thereby escape
persecution, he will not be entitled to Asylum protection in
the U.S.

20. Other Eligibility Requirements
In addition to proving ALL of the above-listed elements of an
Asylum claim, an Applicant must also demonstrate eligibility. The
following factors will make an Applicant ineligible for Asylum
protection in the U.S.:
Generally, the failure to file an Application for Asylum within
one year following entry into the U.S. (some exceptions apply)
The Applicant will be barred from Refugee or Asylum status if
he has ordered, incited, assisted, or otherwise participated in
the persecution of any other person on account of race,
religion, political opinion, membership in a particular social
group, or nationality

21. Eligibility and Bars to Eligibility
The Applicant will also be barred from Asylum Protection if:
He has been convicted of a particularly serious crime in the U.S.
He has committed or been convicted of a serious non-political
crime outside the U.S.
He has been a terrorist or has been a member of a terrorist
organization
He has been “firmly resettled” in another country prior to
arriving in the U.S. (i.e. he has been granted asylum protection,
permanent resident status, or citizenship in another country)

22. Affirmative vs. Defensive Asylum
An Applicant can file an “Affirmative Asylum
Application” (Form I-589) with the U.S. Citizenship
and Immigration Service (“USCIS”); or
An Applicant in Removal (Deportation) Proceedings
can request Asylum Protection as a form of Relief
from Removal – this is known as a “Defensive Asylum
Application” (also filed on USCIS Form I-589)

23. Related Requests for Protection from
Harm
In addition to Refugee and Asylum Protection, certain
individuals may be eligible to apply for the following
forms of protection from harm:
Withholding of Removal – similar to Asylum, but only
available to Respondents already in a Removal
(Deportation) Proceeding
Protection under the Convention Against Torture
(“CAT”)
Temporary Protected Status – usually available generally
to individuals from specified countries due to war,
natural disaster, or other dangerous conditions

24. More on Refugees, Asylees, and
other Immigration Law Issues
For more information on Refugee and Asylum Law,
and related issues such as Relief from Removal and
Temporary Protected Status, please look for articles,
videos, slideshows, and other materials at:
www.ImmigrationInfoSite.com
Thank you!!

25. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com