Since the United Nations 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, a lawful declaration was announced regarding the right of asylum. Under Article 14 of the Universal Declaration of Human Rights, it was stated that any entity has the right to seek and enjoy asylum in other countries provided with a reason for persecution. The right of asylum means a person who is persecuted by his or her mother country may be secured by another sovereign authority (i.e., another country or church official), offering him or her sanctuary.
Given the circumstances, the duration of an asylum process can take longer depending on the foreign individual’s case. To address the delay, the individual may reach out to these Canadian immigration lawyers in Winnipeg, MB, or similar attorneys they have access to. Such experts in immigration law may be able to guide their case to a quicker resolution. To learn more about the duration of the process and just what you should expect, here’s everything you need to know about asylum case processing time.
The Waiting Situation
Asylum cases tend to pile up depending on how many pending immigration cases are lined up for an immigration hearing. The average processing time starts running from the date the seeker’s case has been received. According to the law, the Immigration and Naturalization Service (IND) must provide a decision within 6 months post-application.
However, in some cases along the lines of more immigration history background search and validity checks, the legal decision period time may extend to 15 months or more. This is secondary to a case-to-case basis of processing time.
The Processing Time
As stated above, the processing time differs per application. Once the seeker has filed an asylum application, an initial interview will be scheduled. The officials will ask questions regarding specific personal backgrounds and reasons for requests. After the interview, asylum officials do a search spree regarding the applicant, home country laws and regulations, and validity of reason to check the possibility of granting asylum.
Asylum case procedures often differ from the country of the individual seeking asylum. In the United States, asylum cases are divided into two sections: affirmative and defensive. Simply put, an affirmative asylum process takes quite a shorter route than the defensive secondary to its differences. An affirmative asylum process is an application within the United States (with legal documentation) while a defensive one is usually filed as a defense against removal proceedings.
With this in mind, the asylum processing time does have its own individuality in approaching different cases per applicant.
Conclusion
Asylum cases can get complicated depending on the case the applicant has. Therefore, it is somehow expected that the time frame to process one can take from months to several years. This is why these cases should be given more attention and legal action by immigration attorneys and immigration officials.
