Asylum and Inspections Reform: Hearing Before the Subcommittee on International Law, Immigration, and Refugees of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, First Session, on H.R. 1153, H.R. 1355, and H.R. 1679, Asylum Reform Act of 1993, April 27, 1993U.S. Government Printing Office, 1993 - 452 pages |
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administrative admission airlines alien amended apply for asylum arrival asylum abuse asylum adjudication asylum applicants asylum claims asylum officers asylum process asylum program asylum seekers asylum system asylum-seekers Attorney backlog bill border Chairman Committee Congress credible fear Department detained enter the United filed fleeing Footage foreign airports fraud fraudulent documents Gene McNary going Haiti Haitian hearing illegal Immigration and Nationality Immigration and Naturalization immigration laws immigration officer inspection international airports interview issue JFK Airport Kansi legislation MAZZOLI MCCOLLUM Mir Aimal Kansi Nationality Act Naturalization Service Newark International Airport nonrefoulement NORTON Pakistan passengers passport person political asylum ports of entry preinspection stations problem procedures proposals RUBIN SALE SANGMEISTER SCHUMER seeking asylum Sheik SLATTERY STAHL standard status STEIN subcommittee subsection summary exclusion Thank tion tourism UNHCR visa waiver program Voiceover World Trade Center York
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Page 132 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 127 - January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country...
Page 291 - Mr. Chairman and members of the subcommittee : I very much appreciate this opportunity to appear before you today, to testify on behalf of the bill I introduced, HR 1134.
Page 137 - Such a system should concern only "manifestly unfounded or abusive applications for asylum" in accordance with international standards.21 Such applications should "be defined as those which are clearly fraudulent or not related to the criteria for the granting of refugee status laid down in the 1951 United Nations Convention relating to the Status of Refugees or to any other criteria justifying the granting of asylum.
Page 132 - ... at a meaningful time and in a meaningful manner." Armstrong v. Manzo, 380 US 545, 552, 85 S.Ct. 1187, 1191, 14 L.Ed.2d 62 (1965). In the present context these principles require that a recipient have timely and adequate notice detailing the reasons for a proposed termination, and an effective opportunity to defend by confronting any adverse witnesses and by presenting his own arguments and evidence orally.
Page 73 - An applicant may not be able to support his statements by documentary or other proof, and cases in which an applicant can provide evidence of all his statements will be the exception rather than the rule. In most cases a person fleeing from persecution will have arrived with the barest necessities and very frequently even without personal documents, (par.
Page 72 - Congress" primary purposes was to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 UST 6223, TÍAS No. 6577, to which the United States acceded in 1968." Indeed, the definition of "refugee...
Page 130 - If the applicant is not recognized, he should be given a reasonable time to appeal for a formal reconsideration of the decision, either to the same or to a different authority, whether administrative or judicial, according to the prevailing system.
Page 130 - Thus, while the burden of proof in principle rests on the applicant, the duty to ascertain and evaluate all the relevant facts is shared between the applicant and the examiner.
Page 84 - Article 33 of the Convention, with certain exceptions, prohibits contracting states from expelling or returning a refugee to a territory where his or her life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group or political opinion.