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Immigration and Asylum Law

July 24th, 2010 by admin

Asylum law is nothing new and tracks its roots all the way back to the middle ages. Asylum law is a law that outlines situations for an individual or group that is under persecution by their home country, for political or spiritual beliefs, or is considered not safe in their own country and is thus looking to migrate to a different one for protection. This takes place all over the world, and if you’re considering entering the U.S. or the U.K. under these circumstances, it would be very important for you to contact a U.S. or U.K. immigration lawyer first, to see if you are eligible.

Asylum law is not quite refugee law and there is a large difference. Asylum law concerns the right of asylum, as opposed to refugee law, which concerns huge groups of people fleeing from a country. Most of the time, the seekers for asylum are often considered rebels or dissidents in their own countries and are not physically safe. Therefore, they seek asylum in a friendly country, consistent with their beliefs and values. In return, this country offers them asylum and protection. It is important to note, however, that in some cases these laws do sometimes overlap, as refugees sometimes demand to be treated as asylum cases, or vice versa.

Asylum has general legal stipulations surrounding it, as in any other case, and is usually treated on a case by case basis. However, asylum is different in each nation, and some may be generally stricter than others. In fact, many countries take extremely different viewpoints on what asylum law is, and what it should be which can create confusion. International law also states that a country does not have to surrender the asylum seekers, who are often considered criminals in their home country, if they don’t want to. This can make the complicated process even more complex, if the two countries are not working together.

Making the process even more complicated is the recent advent of the Extradition treaty which has given more power back to the government instead of the asylum seeker. Extradition treaties are treaties that give the home country of the asylum seeker the right to demand their return, and under international law, they would have no choice but to oblige. However, not every nation has signed this treaty, and if they have not signed they are under the international law to obey it. This happens all the time in asylum cases where asylum seekers go to countries that are friendly to their beliefs, and do not have an extradition treaty with the person’s home country. If you are seeking asylum in another country or feel that you may qualify for asylum, it is best to talk to an immigration lawyer so he can tell you exactly what you need to look out for when dealing with this complicated area of international law.

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