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Establishment of well-founded fear for asylum seekers

On Behalf of | Mar 10, 2021 | Immigration

When someone experiences persecution in their home country, they might choose to seek asylum elsewhere. Asylum applicants in Mississippi need to meet specific requirements that are different from standard immigration rules.

One such requirement is establishing a well-founded fear. This means the asylum seeker must prove that returning to their country of origin will endanger them.

Subjective fear

Subjective fear is proven by interviewing asylum seekers. The interviewer will ask questions to determine what the asylum applicant thinks and feels. The applicant needs to explain their fear.

Objective fear

Though feelings of fear are necessary to get asylum, they are not enough. An asylum seeker must also provide strong evidence that their worry is realistic. The law outlines a common-sense approach whereby legal authorities consider whether a sensible person in the asylum seeker’s situation would feel scared. If most people in the applicant’s position wouldn’t fear for their safety, then authorities might deem the fear unreasonable.

An asylum seeker doesn’t need to prove that they’ll definitely experience persecution in their homeland. Evidence just needs to show that systemic persecution is a realistic possibility.


Some applicants have experienced persecution in the past. If the situation in their country of origin is still the same, prior persecution is substantial evidence that future persecution is likely. However, that’s not the only form of acceptable evidence.

In some situations, an applicant hasn’t experienced persecution, but people similar to the applicant are victims of persecution. If the asylum seeker provides proof of this systematic persecution, that might be adequate evidence.

The prospect of seeking asylum might feel overwhelming, but there’s hope. If you’re seeking asylum, a lawyer may be able to help you through the process.

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