If you have a genuine fear of being returned to your home country, you may have an asylum claim. Filing for asylum is a difficult and complicated process. Here, we will try to give you an overview of what is generally involved with the process of claiming asylum. You might also consult other materials easily found on the web. This is intended to help you think about and frame an asylum claim.
Persecution or a well founded fear of persecution if returned.
Proving that you have a well-founded fear means both a subjective fear and an objective fear. What does that mean? The subjective fear generally means that you testify credibly as to the reasons why you are afraid to return to your country. The objective fear is satisfied by proof that a person in your position would objectively fear being returned to your home country. That includes things like witness statements, news reports, police reports, social media posts and any other independent proof of what might happen to you if returned to your home country.
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Persecution based upon a protected ground.
The protected grounds are generally listed as race, religion, nationality, political opinion, or membership in a particular social group. This last one, particular social group, is a tricky one. But it is usually described as any group that is persecuted based upon its characteristics as defined by larger society. If that's hard to understand, don't worry, it's hard for lawyers and judge's to understand. Here's an example, indigenous women who are discriminated against because they are indigenous women and the Government does not protect them from acts of violence and crime. That is just an example, but really any group that is defined by a characteristic that the members cannot or should not have to change to avoid being persecuted or targeted by the larger society.
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Nexus between the protected ground and persecution.
Nexus means a connection between the protected ground and the persecution. What this means is that because of your race, religion, nationality, political opinion, or membership in a particular social group, you suffered or were targeted for physical or severe psychological harm.
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The Government cannot control the conditions causing you to fear persecution.
This last condition means just what it says, that the government cannot protect you or stop the persecution. It also means the government looks the other way when others harm you because of your protected ground.