Claiming Asylum: Navigating Airport Procedures

Claiming asylum at an airport is a complex process that varies depending on the country. In the US, asylum seekers are expected to apply within a year of their last entry into the country, and it is recommended to do so with the help of an immigration attorney. In New Zealand, asylum seekers can claim asylum by telling an immigration official or police officer at an airport or seaport, and they are not deported while their claim is being processed. In Germany, the border procedure is a so-called 'airport procedure' regulated in Section 18a of the German Asylum Act, which is applied at international airports. In the UK, asylum seekers who destroy their passports on the flight are likely to be arrested and deported, as their claim will be seen as obviously invalid.

Seek legal advice before applying for asylum at the airport

If you are seeking asylum, it is highly recommended that you seek legal advice before applying. While it is technically possible to apply for asylum without a lawyer, your chances of success are much lower. With legal representation, almost half of asylum cases are successful, whereas without a lawyer, only around one in ten cases are won.

The application process can be intimidating and complex, and a competent immigration lawyer will be able to guide you through it, helping you to avoid pitfalls and present your case in the best possible light. The form is in English and is very detailed, asking about you, your family, and why you are afraid to return to your country of origin. Everything you put on the form can be used against you, so it is important to have legal advice to ensure you are providing the right information.

A good asylum lawyer will have experience working on similar cases and will be able to prepare you for the kinds of questions you will be asked by the officer. They can also help you collect supplementary evidence of country conditions to support your case. While it is rare to be allowed to have an attorney present during the interview, they can make a closing statement to summarise your testimony and reference background evidence.

If you are in the US, you can apply for asylum by completing Form I-589, Application for Asylum and for Withholding of Removal. This form can be filed either affirmatively (if you are not currently in removal proceedings) or defensively (if you are already in proceedings or have been detained). It is important to note that there are time limits for applying for asylum, and you must generally file your application within one year of arriving in the country.

In Germany, the border procedure is known as the 'airport procedure' and is regulated in Section 18a of the German Asylum Act. This procedure is carried out in international airports and can only be conducted if the asylum seekers can be accommodated on the airport premises. The maximum duration of the procedure is 19 days, and there are strict time limits for appeals. While legal assistance is provided for those whose applications are rejected, access to legal aid prior to the interview is limited.

In New Zealand, you can claim asylum by telling an immigration official or a member of the police at the airport or seaport when you arrive. You can hire a Licensed Immigration Adviser or lawyer to help you argue your claim. The Refugee Status Branch will process your claim and assign it to a refugee and protection officer, who will try to decide your claim within 140 days.

In summary, seeking legal advice before applying for asylum at the airport is highly recommended to improve your chances of success and ensure you are providing the right information. The application process can be complex and intimidating, and a competent lawyer will be able to guide you through it and help you present your case in the best possible way.

Declare fear of returning to your country

If you are seeking asylum in the US, you must be either at a port of entry (an airport or an official land crossing) or already in the US. If you are at the airport, you will go through an inspection point where an officer will look at your travel documents, take your fingerprints, and ask you questions about your travel. If the officer decides to take you to another inspection point to ask you more questions, this is called secondary screening. During secondary screening, you have the right to access food, water, medication, a space for prayer, and a bathroom. If you are waiting for a long time, for example, over two hours, you can ask to call a person in the US who is waiting for you to arrive.

If you think that the officer might not let you into the country and you fear harm if you return to your country, you may have the right to apply for asylum. To apply for asylum, tell the officer that you are afraid of returning to your country. Once you have said this, the officer cannot deport you. The officer will either keep you at the airport or take you to a detention centre. The next step is to do a credible fear interview with a government officer who will decide whether you have a high enough chance of winning asylum to be allowed to stay in the country. You have the right to find an attorney to help you at your credible fear interview. If you pass the credible fear interview, you can apply for asylum with an immigration judge. This process may take months or even longer. The government may try to keep you in detention during this time, but you can ask for parole. Parole allows you to be free while you apply for asylum. You can be granted parole if you prove your identity and show that you will attend immigration hearings and that you are not a danger to the community.

In Germany, the border procedure is called the 'airport procedure' and is regulated in Section 18a of the German Asylum Act. Asylum applicants are not considered to have entered Germany before a decision on entry has been taken. The procedure can only be carried out if the asylum seekers can be accommodated on airport premises during the procedure, which depends on the capacities of the Federal States. The German Asylum Act foresees the applicability of the airport procedure where the asylum seeker arriving at the airport comes from a 'safe country of origin' or is unable to prove their identity with a valid passport or passport replacement.

In New Zealand, you can claim asylum when you arrive at an airport or seaport by telling an immigration official or a member of the police. You may hire a Licensed Immigration Adviser or lawyer to help you argue your claim. The Refugee Status Branch (RSB) will process your claim, and you will not be deported while your claim is being processed. The RSB will assign your claim to a refugee and protection officer (RPO) who will try to decide your claim within 140 days.

Apply for asylum within one year of entry

In the United States, you may apply for asylum regardless of your immigration status, but you must do so within a year of your arrival. If you file your application after being in the country for more than a year, you may still be eligible if you can demonstrate changed or extraordinary circumstances relating to your delay in filing. Changed circumstances may include changes in conditions in your country of nationality or changes in your circumstances that materially affect your eligibility for asylum. Extraordinary circumstances may include serious illness or mental or physical disability, legal disability, ineffective assistance of counsel, or the death or serious illness of your legal representative or a member of your immediate family.

In New Zealand, you can claim asylum when you arrive at an airport or seaport by telling an immigration official or a member of the police. You can hire a licensed immigration adviser or lawyer to help you argue your claim. The Refugee Status Branch will process your claim, and you will not be deported while your claim is being processed.

In Germany, the border procedure is a so-called 'airport procedure' regulated in Section 18a of the German Asylum Act and applied in international airports. Asylum applicants are not considered to have entered Germany before a decision on entry has been taken. The procedure can only be carried out if the asylum seekers can be accommodated on airport premises during the procedure, which depends on the capacities of the Federal States. The German Asylum Act foresees the applicability of the airport procedure where the asylum seeker arriving at the airport comes from a 'safe country of origin' or is unable to prove their identity with a valid passport or passport replacement.

Provide evidence of changed circumstances

When claiming asylum at an airport, you may be asked to provide evidence of changed circumstances that affect your eligibility for asylum. This is particularly relevant if you have previously applied for asylum and were denied. Changed circumstances may include, but are not limited to:

• Changes in conditions in your country of nationality or, if you are stateless, your country of last habitual residence.
• Changes in your circumstances that materially affect your eligibility for asylum, including changes in applicable U.S. law and activities you become involved in outside the country of persecution that may place you at risk.
• If you were previously included as a dependent in someone else's pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.

In Germany, the airport procedure is defined as an 'asylum procedure that shall be conducted prior to the decision on entry' to the territory. This means that asylum applicants are not considered to have entered the country before a decision on entry has been taken. The German Asylum Act foresees the applicability of the airport procedure when the asylum seeker:

• Comes from a 'safe country of origin'.
• Is unable to prove their identity with a valid passport or passport replacement.

In the United States, you may apply for asylum at a port of entry or within the country. You may do so regardless of your immigration status, but you must apply within one year of your arrival. If you filed your application after being in the U.S. for more than a year, you may qualify for an exception if you can show changed circumstances or extraordinary circumstances relating to your delay in filing.

Prepare for a lengthy application process

The asylum application process can be lengthy, and it is important to be prepared for potential delays. Here are some key things to keep in mind:

Application Deadline

First, it is important to note that in most countries, there is a deadline for applying for asylum. For example, in the United States, you must apply for asylum within 1 year of your arrival, unless you can demonstrate changed circumstances that materially affect your eligibility or extraordinary circumstances related to the delay. Similarly, in New Zealand, you can claim asylum when you arrive at the airport or seaport by informing an immigration official or police officer.

Application Process

The application process itself can be complex and time-consuming. It is recommended that you seek legal assistance to help you with the process. In the United States, you will need to submit Form I-589, Application for Asylum and Withholding of Removal. You will also need to provide supporting documentation and may be required to attend an interview with an asylum officer. The entire process can take up to 180 days or more for a decision to be made.

Waiting Period

Once you have submitted your application, be prepared for a potentially long waiting period. In the United States, there is currently a backlog of over two million pending asylum cases, resulting in waiting times of up to seven years. This is due to various factors, including changes in immigration policies and an increase in the number of asylum seekers.

Employment and Support

During the waiting period, asylum seekers often face challenges in terms of employment and support. In the United States, asylum applicants must apply for employment authorization and wait at least 180 days for a work permit. There are also restrictions on accessing certain assistance programs and public benefits. Nonprofits and NGOs can provide support and assistance during this time.

Legal Assistance

It is highly recommended that you seek legal assistance throughout the asylum application process. A qualified immigration lawyer can help you navigate the complex legal framework, increase your chances of a positive outcome, and protect your rights. They can also assist you in gathering the necessary documentation and preparing for any interviews or hearings.

Frequently asked questions