Re: Ответ: Вопрос на засыпку
Концепция т.н. "first safe country" применяется, как правило, к просителям убежища в Европе. В США с этим попроще, здесь лишь рассматривается правило т.н. "Country of first asylum". Т.е. если наш соискатель не был твёрдо поселён в какой-либо другой стране, он имеет полное право просить убежище в США. Если же он уже получил убежище либо вид на жительство в Таиланде (или в любой другой стране), тогда - нет.
8 CFR s 208.15
8 C.F.R. § 208.15
CODE OF FEDERAL REGULATIONS
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
SUBCHAPTER B--IMMIGRATION REGULATIONS
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
SUBPART A--ASYLUM AND WITHHOLDING OR REMOVAL
Current through June 2, 1998; 63 FR 29958
§ 208.15 Definition of "firm resettlement."
An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless he or she establishes:
(a) That his or her entry into that nation was a necessary consequence of his or her flight from persecution, that he or she remained in that nation only as long as was necessary to arrange onward travel, and that he or she did not establish significant ties in that nation; or
(b) That the conditions of his or her residence in that nation were so substantially and consciously restricted by the authority of the country of refuge that he or she was not in fact resettled. In making his or her determination, the Asylum Officer or Immigration Judge shall consider the conditions under which other residents of the country live, the type of housing made available to the refugee, whether permanent or temporary, the types and extent of employment available to the refugee, and the extent to which the refugee received permission to hold property and to enjoy other rights and privileges, such as travel documentation including a right of entry or reentry, education, public relief, or naturalization, ordinarily available to others resident in the country.
<General Materials (GM) - References, Annotations, or Tables>
8 C. F. R. § 208.15
8 CFR § 208.15
END OF DOCUMENT
Originally posted by MikeS
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8 CFR s 208.15
8 C.F.R. § 208.15
CODE OF FEDERAL REGULATIONS
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
SUBCHAPTER B--IMMIGRATION REGULATIONS
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
SUBPART A--ASYLUM AND WITHHOLDING OR REMOVAL
Current through June 2, 1998; 63 FR 29958
§ 208.15 Definition of "firm resettlement."
An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless he or she establishes:
(a) That his or her entry into that nation was a necessary consequence of his or her flight from persecution, that he or she remained in that nation only as long as was necessary to arrange onward travel, and that he or she did not establish significant ties in that nation; or
(b) That the conditions of his or her residence in that nation were so substantially and consciously restricted by the authority of the country of refuge that he or she was not in fact resettled. In making his or her determination, the Asylum Officer or Immigration Judge shall consider the conditions under which other residents of the country live, the type of housing made available to the refugee, whether permanent or temporary, the types and extent of employment available to the refugee, and the extent to which the refugee received permission to hold property and to enjoy other rights and privileges, such as travel documentation including a right of entry or reentry, education, public relief, or naturalization, ordinarily available to others resident in the country.
<General Materials (GM) - References, Annotations, or Tables>
8 C. F. R. § 208.15
8 CFR § 208.15
END OF DOCUMENT
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