Asylum meaning:

In the legal context, the term asylum refers to a place or a country where a foreign national can seek refuge from legal prosecution, persecution, or harm to their physical person. Through this mechanism, these individuals can reside in a foreign country for a shorter or longer period of time.

In this sense, the term asylum generally refers to the right of asylum or asylum status. It is a fundamental right rooted in a convention relating to the status of refugees signed in Geneva on July 28, 1951. It corresponds to a form of protection granted to persecuted foreigners who land in another country to seek refuge. Therefore, this legal concept applies to individuals who have suffered moral or physical persecution due to their race, religion, nationality, political opinion, or belonging to a particular social group.

According to this convention, all countries around the world are obligated to provide asylum seekers with the assistance they need. However, the privileges offered to these individuals may vary depending on the national policies of the host country. In compliance with the principles of international humanitarian law, some governments offer more extensive assistance, while others provide only very limited access to the rights stipulated by the convention.

Etymology of asylum

The word “asylum” comes from the Latin “asylum,” which literally means inviolable place. In the past, this term was used to designate the status of inviolability offered to certain individuals or places. According to history, athletes who arrived in Greece to participate in games enjoyed the right of asylum.

Asylum application process

The logic and the law dictate that asylum seekers must already be on the soil of the host country to initiate the procedure. Two situations can arise in this context :

• The first scenario involves a petitioner stranded at the border, hence termed “border asylum.” This typically occurs when the individual lacks any documents permitting their stay. In this situation, depending on the immigration policy of the host country, petitioners usually undergo an exceptional procedure allowing them to request entry authorization along with asylum status.
• The second scenario, termed “territorial asylum,” pertains to petitioners already present on the host country’s soil. In France, individuals in this situation must approach the prefecture to apply for asylum status. Subsequently, this authority issues a provisional certificate pending the final decision of the OFPRA (French Office for the Protection of Refugees and Stateless Persons).

The tasks of a lawyer specializing in immigration law, especially asylum law

The expertise of the immigration lawyer is invaluable in obtaining refugee status. By advising on the necessary documentation and preparing the applications, they maximize the chances of success. Moreover, in case of refusal, the lawyer can initiate legal proceedings to challenge the decision and defend the rights of asylum seekers.

An immigration lawyer is crucial for asylum seekers. They guide them through every step of the process, providing comprehensive legal support. From the initial registration of the application to representing them during interviews with the relevant authorities, the lawyer ensures that the rights of the applicants are protected and that their stories are presented convincingly.