Jane’s Asylum

Jane’s uncle decided to apply for asylum in the US, on her behalf. as she was unwilling to return to her father, whom she accused of physically abusing her. She further alleged that her father was actively involved in a separatist movement and that he would utilize her for the purpose of propaganda.
The Board of Immigration Appeals is apparently guided by certain considerations. First, a government is well within its rights to pursue and punish citizens, who infringe national laws and to oppose and execute individuals who employ force against it. Second, the individual seeking asylum should have been targeted for persecution. Third, it should be possible to classify the asylum seeker as a refugee.
The objective behind these restrictions is to restrict the grant of asylum and due to the fact that on many an occasion, the declarations of the asylum applicants, prove to be difficult to verify. Asylum Officers should grant asylum to applicants, who are in danger of being targeted for persecution on being returned home, provided there are no other serious disqualifying issues.
The authorities in the US, on account of their increasing interest in asylum seekers, who were children, felt the need for the issuance of guidelines in the context of children seeking asylum. As a consequence, the Immigration and Naturalization Service issued guidelines, in 1998, which deal with interview methods and the legal ramifications of the various issues that come to the forefront, in respect of children seeking asylum3.
It is permissible for a minor applicant to seek asylum, and this can be done by the minor, even in the absence of a parent or trusted adult4. An application for asylum in the US has to be generally preferred, before the expiry of a year of arrival in the country. This condition is in general, mandatory unless there are sufficiently serious mitigating circumstances. The formal procedure for seeking asylum commences with&nbsp.the submission of the Application for Asylum and Withholding of Removal.