What is the burden of proving refugee status on the applicant?
MultiRegion, United States of America
The following excerpt is from Phuntsok v. Holder, 11-1365-ag NAC (2nd Cir. 2012):
To meet the definition of "refugee" and thus establish eligibility for asylum, an applicant must first establish his nationality, or lack of nationality. See 8 U.S.C. 1158(b)(1)(A), (B); 8 C.F.R. 1208.13(a) (placing the burden of proving refugee status on the applicant); Wangchuck v. Dep't of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). Here, the agency's finding that Phuntsok failed to establish his identity is supported by substantial evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court of Justice MacGuigan order that an applicant must attach his application for refugee status to his refugee status? (Canada (Federal), Canada)
If an applicant is able to establish refugee status, what is the test for establishing refugee status? (MultiRegion, United States of America)
What is the standard of review applicable to a panel decision based on a lack of credibility in the refugee status applicant? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
Does the applicant have to prove that he is not a credible witness at a second-level refugee tribunal? (Canada (Federal), Canada)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the burden of proving a previous employer discriminated against applicants who reapply for employment? (MultiRegion, United States of America)
What is the burden of proving that an applicant has the right to come into Canada? (Canada (Federal), Canada)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
