Indian Asylum Claims

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38 pages about Indian asylum claims were released recently by the Asylum HQ Quality Assurance Branch. They are published on the Asylum Officer Materials page of the Louise Trauma Center website, as “Indian.” [www.louisetrauma.weebly.com.]

The material is rather elementary; however, there are some interesting tidbits.

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“Some evidence of politically-motivated mob violence but limited evidence that political parties or government targets individual, low-level workers.” Page 7

Questions to ask the applicant:

When did you start working for the Mann Party? What actions did you have to take to join the party? What does a “worker” mean? How is it different from a “member”?

COI indicates that some groups, [such as Muslims, LGBT, DV victims] fear harassment from police if they report. “However, we are not aware of any COI supporting the notion that police don’t support supporters of political parties.” Page 17

Internal relocation

Did you try to live in another area, before coming to US?

Do you know other Mann workers, attacked in your area, who then lived elsewhere in India, and were attacked again? If no, what makes you think you would be attacked if you lived elsewhere in India? Page 22

I have reports that say that low-level workers generally are not targeted for their political opinion. Can you explain the difference between what I read in the reports and what you are telling me? Page 22

Can you be traced through your AADHAAR card? Do you know anyone that this happened to?

I have a report that says the government is unable to track people through the AADHAAR card. Can you explain the difference between what you told me and what is written in this report? Page 26

I have a report that that you don’t need this card to buy a SIM card or to open a bank account. True?

Why do you think the police give information to the BJP?

Are you young, in good health, and speak more than one Indian language? You could easily get a job elsewhere? You easily could do internal relocation? Page 31

What was the worst thing that happened to you? Just some small bruises? So, you did not suffer as the respondent did in Matter of Chen, 20 I&N Dec. 16 (BIA 1989)? Page 33

Library of Congress has a report: “Feasibility of Relocation of Sikhs and Members of the Shiromani Akali Dal (Mann) Party.” www.justice.gov/file/1068936/download page 36

This 11-page report, dated June 2018, is available on-line and at the Louise Trauma Center webpage.


About The Author

David L. Cleveland,a lawyer in Washington, DC, has secured asylum or withholding for people from 48 countries. Contact him at <1949.david@gmail.com>


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.