Question & AnswerQ&A (DOJ ORDER NO. 94)
The President is authorized for humanitarian reasons and when not opposed to the public interest, to admit aliens who are refugees for religious, political, or racial reasons, in classes and under conditions as he may prescribe.
The Secretary of Justice was delegated the authority to grant refugee status.
1) Non-refoulement: Applicants or refugees shall not be expelled or returned to countries where their life or freedom is threatened. 2) No punishment for illegal entry if presented without delay or with good cause. 3) Promotion and preservation of family unity.
An applicant who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and who is outside their country of nationality and unable or unwilling to avail of that country's protection, or a stateless person unwilling to return to their former habitual residence due to fear.
1) If the applicant has already been granted refugee status in another country with effective protection. 2) If the applicant's previous application for refugee status was denied by the Government or UNHCR unless new substantive information is presented.
Serious reasons to consider that the applicant has committed: a crime against peace, war crime, crime against humanity; a serious non-political crime prior to entry; or an act contrary to the purposes and principles of the United Nations.
An alien may file an application at the time of entry or any reasonable time thereafter, directly with the Secretary of Justice or at the Bureau of Immigration's central or field offices at the port of entry.
The application must be completed in triplicate, under oath, with the applicant's right thumbprint affixed, accompanied by a passport size color photograph, passport or travel document, national/state identification from the country of origin, marriage certificate for spouses, and birth certificates or other evidence for dependents.
The Commissioner shall suspend all deportation or exclusion cases related to illegal entry or residence against the applicant. If the applicant is detained, provisional release may be ordered under recognizance or bond.
The applicant has the right to be represented by counsel, to have an interpreter if needed, to have a private interview, and upon request, to have access to the UNHCR.
The Secretary shall decide within thirty (30) days after the last date of the interview unless further inquiry is required.
The applicant may file a motion for reconsideration within 15 days. If denied, they may file a judicial appeal. The Commissioner may reactivate any suspended immigration case, and the applicant may be rearrested and detained.
The Secretary and Commissioner notify the Department of Foreign Affairs. The Commissioner may issue an Alien Certificate of Registration and a Certificate of Residence for Temporary Visitors to the refugee, spouse, and dependent children under 18 named in the application.
Refugee status can be revoked if it was obtained through willful misrepresentation of material facts.
It ceases if the refugee: voluntarily re-avails protection of their nationality country; reacquires nationality; acquires a new nationality with protection; re-establishes in the country they fled; enjoys protection due to cessation of previous threats; or returns to habitual residence due to changed circumstances, except when compelling reasons from prior persecution exist.
They may be removed to their country of nationality or former habitual residence, after serving their sentence.
The applicant is liable for perjury under the Revised Penal Code, and if the falsehood is a willful misrepresentation of material facts, their refugee status may also be revoked.
Yes, information is confidential and used only to verify factual statements or enforce penalties, but may be made available to the UNHCR.
The Secretary may avail of UNHCR's cooperation, and UNHCR shall be notified of actions or decisions on refugee status applications.