How do you prove well founded fear of persecution?

2d at 414. In order to establish eligibility for asylum, an applicant must show that her past persecution or well-founded fear is on account of one or more of the five enumerated grounds as set out in the Act: race, religion, nationality, membership in a particular social group, or political opinion.

What is persecution under the refugee Convention?

In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. …

What is persecution international law?

The ICC Statute defines persecution as “the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity” (Art. g of ICC Statute). The Statute of the ICC establishes that gender may be a ground for fearing persecution.

What is the Adjei test?

The test, which has become known as the Adjei test, was set out as: Is there a reasonable chance that persecution would take place were the applicant returned to his country of origin? In Li, 13 the Federal Court of Appeal cautioned against confusing the “standard of proof” and the “legal test to be met”.

Where can I watch well-founded fear?

Watch Well-Founded Fear – Individual Use Online | Vimeo On Demand on Vimeo.

What’s the difference between persecution and discrimination?

The requirement that the harm be serious has led to a distinction between persecution on the one hand, and discrimination or harassment on the other, with persecution being characterized by the greater seriousness of the mistreatment which it involves.

What are examples of persecution?

Examples of persecution include the confiscation or destruction of property, incitement of hatred, arrests, imprisonment, beatings, torture, murder, and executions. Religious persecution can be considered the opposite of freedom of religion.

What is an act of persecution?

Persecution consists in acts that are sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights; or that are an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner.

What is a subjective fear?

Fear is subjective when asylum applicant can demonstrate that he/she is genuinely afraid of some harm. An asylum applicant demonstrates it through credible testimony.

What makes a fear of persecution a fear?

A claimant’s subjective fear of persecution must have an objective basis. The subjective component relates to the existence of a fear of persecution in the mind of the refugee. The objective component requires that the refugee’s fear be evaluated objectively to determine if there is a valid basis for that fear. Note 24

What makes a fear a well founded fear?

Well-foundedness of fear contains both a subjective element (fear of persecution) and an objective element (the fear must have an objectively justifiable basis). Both elements must be established for the fear to be considered well-founded within the meaning of the refugee definition.

What makes a person a victim of persecution?

According to the 1951 Convention, persecution must be linked to any one of the five specified grounds: race, religion, nationality, membership of a particular social group and political opinion. 2. The subjective element is satisfied if the applicant‘s fear of persecution is genuine.

What is the standard of proof for persecution?

Evidence about persecution faced by similarly-situated people will often be compelling because it tends to show that a claimant would face the same risks. However, that does not change the fact that it is still the claimant who must face a serious possibility of persecution. 5.2. Test – Standard of Proof

How do you prove well founded fear of persecution? 2d at 414. In order to establish eligibility for asylum, an applicant must show that her past persecution or well-founded fear is on account of one or more of the five enumerated grounds as set out in the Act: race, religion, nationality, membership in a particular…