For asylum to be granted, a person must prove that they are a member of a protected group, such as race, religion, nationality or political opinion. The fact that one of these groups has been targeted for harm in the past is enough to establish the first element of the claim; in order to demonstrate a well-founded fear of persecution, an applicant must also show that they would face serious harm in the future.
Evidence supporting a fear of future persecution can come from any source, including testimony or documentation provided by friends and family in the United States. The BIA has held that an asylum applicant’s candid, credible, and sincere testimony regarding their fears can satisfy the subjective component of the “well-founded” fear requirement.
However, it is important to note that evidence of a well-founded fear of persecution does not guarantee the successful outcome of an asylum case. A number of factors may work together to undermine an asylum claim, including prior misreporting or deception (e.g., in a case of a rape victim from Syria), or a lack of sufficient evidence to meet the standard (e.g., in a sexual orientation case). Recent concurrent research exploiting the placement of asylum seekers across cantons shows that people who live close to an asylum center are more likely to move away than those who do not (Zurlinden and Stadelmann, 2020). Restrictions on movement could potentially impact access to diaspora networks—which has been shown to be a risk factor for mental health disorders in refugees.
About the Author
