Legal Definitions - asylee

An asylee is an individual who has fled their home country and is seeking legal protection in another country, typically because they fear persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. The key characteristic of an asylee is that they are already present in the country where they are seeking protection, or they are applying for asylum at a port of entry.

Here are some examples to illustrate the concept of an asylee:

• Example 1: Political Opinion

  A journalist, Mr. Jian Li, from a country with a repressive government, travels to the United States on a temporary visa. While in the U.S., he learns that his colleagues have been arrested for their critical reporting, and he fears similar persecution if he returns home due to his own writings. Mr. Li then applies for asylum while legally present in the U.S.

  In this scenario, Mr. Li is an asylee because he is an individual already within the United States who is seeking protection from persecution based on his political opinion by applying for asylum.

• Example 2: Religious Persecution

  Ms. Fatima Khan, a member of a religious minority group, flees her home country after her family's property is confiscated and she receives death threats due to her faith. She manages to cross the border into a neighboring country and immediately presents herself to immigration authorities, stating her fear of returning and requesting asylum.

  Ms. Khan is an asylee because she has arrived at a port of entry (or crossed the border) and is actively seeking asylum due to a well-founded fear of persecution based on her religion.

• Example 3: Membership in a Social Group

  Dr. Carlos Ramirez, a prominent LGBTQ+ activist, arrives at an international airport in a new country. Upon arrival, he informs customs officials that he cannot safely return to his home country due to severe discrimination and violence targeting individuals of his sexual orientation, and he wishes to apply for asylum.

  Dr. Ramirez is an asylee because he is seeking protection from persecution by applying for asylum upon his arrival at a port of entry in a foreign country, based on his membership in a particular social group.