Many countries around the world are experiencing war or political repression. Those who have been harmed, or fear that they will be harmed, can apply for asylum. The word “asylum” comes from the 1951 Refugee Convention, which states that those fleeing persecution should not be sent back to their country of origin (the principle of non-refoulement).
To qualify for asylum, an individual must show both a past experience of persecution on account of one of the protected grounds and a well-founded fear of future persecution. Persecution is defined as harm or a threat of harm to an individual or their family that can be based on race, religion, nationality, membership in a PSG, political opinion, or sexual orientation. The most common type of persecution is harassment or discrimination, which may include attacks on a person’s honor and reputation. Generally, such persecution must reach a certain level of severity to constitute a well-founded fear.
It is also possible to seek asylum if one fears persecution because of their gender. In the early 1990s, due to increased awareness of gender violence, the United States and Canada changed their immigration policies and began to allow women who fear persecution on the basis of their gender to seek asylum. The courts have established that female persecution is more likely to be considered if it is a result of a government policy or practice rather than personal choices made by an individual.
A person who is found to have a credible or reasonable fear of persecution in the future will be granted asylum if they meet all the requirements. However, some individuals will not qualify for asylum despite having met the requirements. These individuals are those who, with limited exceptions, have failed to apply for asylum within one year of entering the U.S. or who have committed a particularly serious crime.