Adjudication of asylum claims (refugee status determination / asylum procedures) / Well-founded fear of persecution

11 October 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Credibility assessment - Mental health - Well-founded fear of persecution | Countries: Hong Kong (Special Administrative Region of China) - New Zealand

This case presents us with a simple question: do non-citizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on the plain language of § 1228, is yes.

20 August 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Well-founded fear of persecution | Countries: Mexico - United States of America

The central issue is whether the appellant faces a real chance of being seriously mistreated by the authorities in detention, in the course of their investigation.

9 August 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Police - Tamil - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

21 December 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Persecution on the basis of sexual orientation or gender identity - Refugee / Asylum law - Well-founded fear of persecution | Countries: New Zealand - Zimbabwe

28 August 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Complementary forms of protection - Hazara - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Well-founded fear of persecution | Countries: Afghanistan - Australia

29 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Convention against Torture (CAT) - Discrimination based on race, nationality, ethnicity - Generalized violence - International Covenant on Civil and Political Rights (ICCPR) - Non-state agents of persecution - Physical harm - Roma - Threats / Intimidation - Well-founded fear of persecution | Countries: Czech Republic - New Zealand - Slovakia

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Well-founded fear of persecution | Countries: New Zealand - Ukraine

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Appeal / Right to appeal - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Well-founded fear of persecution | Countries: New Zealand - Ukraine

11 June 2015 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Appeal / Right to appeal - Convention against Torture (CAT) - Mentally disadvantaged persons - Refugee / Asylum law - Threats / Intimidation - Well-founded fear of persecution | Countries: Honduras - United States of America

28 May 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Abduction - Arbitrary arrest and detention - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Threats / Intimidation - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka