Protected Grounds Determining Motive Elucidating Evidence (of Motive) Murky Motives Practicing Protected Grounds
100
What is Race?
This protected ground should be understood broadly to include all kinds of ethnic groups that are "referred to as races in common usage."
100
What is the applicant?
The persecution must be motivated by a protected belief or trait possessed by ________.
100
What is Direct Evidence?
An applicant's persecutor warns him to cease his political activities. This is an example of _____ evidence of nexus.
100
What is Imputed Political Opinion?
Applicant has many university friends who support a political movement. Applicant is not part of this movement herself. One day, opponents of this political movement call the applicant a traitor and beat her. Applicant was harmed on account of her ________ .
100
What is race?
The Garifuna are the third largest minority or indigenous community in Honduras. They are the descendants of an Afro-indigenous population from the Caribbean. The Garifuna community is particularly exposed to discrimination and human rights violations. A Garifuna applicant from Honduras who suffered this kind of harm can be considered to have suffered on account of this protected ground.
200
What is Religion?
This protected has been broadly defined to include the right to freedom of thought, conscience, and belief. It is not limited to familiar beliefs or practices. It also includes an individual's right to be an atheist, an agnostic, or to otherwise reject religious practice.
200
What is the REAL ID Act?
This Act added the "one central reason" standard to statute and applies only to asylum adjudications.
200
What is Circumstantial Evidence?
An applicant attended a political protest on Monday. On Tuesday, police officers come to his home, threaten him, and arrest him. This is an example of _____ evidence of nexus.
200
What is a law of discriminatory intent?
Applicant's country prohibits the practice of his religion and has declared followers of his religion as terrorists. This law would be considered a law of ________.
200
What is religion?
In Russia, a Supreme Court 2017 ruling declared the Jehovah's Witnesses Administrative Center an extremist organization and banned all Jehovah's Witnesses activities. Authorities continue to investigate, detain, arrest, imprison, torture, and/or physically abuse Jehovah's Witnesses. A practicing Jehovah's Witness who fears returning to Russia for these reasons can be considered to have a well-founded fear of persecution on account of this protected ground.
300
What is Political Opinion?
Expression of this protected ground may take many forms including: participating in a political party or the political process, expression of feminist beliefs, exposure of human rights abuses, and political neutrality.
300
What is no punitive or malignant intent required?
In most cases a persecutor intends to harm the applicant. However, sometimes a persecutor may claim or believe they are "helping" an applicant.
300
What is Direct Evidence?
An applicant's persecutor uses a racial slur when harming her. This is an example of _____ evidence of nexus.
300
What is persecutor's motive can change over time?
Applicant was kidnapped by Maoists in Nepal in order to recruit him to fill out their ranks. After he was kidnapped, he expressed his opposition to the Maoists and support for the Nepal Student Union. Applicant was then subjected to harsher mistreatment. This is an example of the principle that the persecutor's motives __________.
300
What is political opinion?
In April 2016, industrial waste discharged by Formosa Plastics in Vietnam caused a massive fish kill on the coast. After the spill, protesters took to the streets calling for a government-led investigation. The government arrested these protesters for "causing public disorder." Environmental bloggers have been imprisoned under similar charges. These activists can be considered to be harmed on account of this protected ground.
400
What is Membership in a Particular Social Group?
Although not covered in this Lesson Plan or Module, an applicant who is seeking asylum based on this protected ground must establish that the group is (1) composed of members who share a common immutable characteristic, (2) socially distinct within the society in question, and (3) defined with particularity
400
What is nexus?
In order to qualify for asylum, an applicant needs to show that he or she was harmed or fears harm because of his or her protected characteristic. This refers to what element of the refugee definition?
400
What is Circumstantial Evidence?
Applicant is a gay man and has a number of close friends who identify with the LGBT community. Many of applicant's LGBT friends have been threatened and harmed by the police. Applicant fears that the same will happen to him. This is an example of _____ evidence of nexus.
400
What is Political Opinion?
A law prohibits all political rallies in a certain city square. In practice, many political rallies are held in the square, but only members of the Socialist Party are arrested and prosecuted under the law. Unequal enforcement of a law that appears neutral may be evidence of persecutory intent. Here, the harm inflicted on a member of the Socialist Party under the law could be considered harm inflicted on account of the member’s __________.
400
What is nationality?
In South Africa, xenophobic violence is a continuing problem across the country. In 2019, a spate of looting and violence targeted foreign nationals, principally Nigerians, Somalis, Ethiopians, and Congolese. The South African government has largely failed to address past xenophobic violent outbreaks across the country. Naturalized South African citizens are also victims of these attacks. South Africans who were harmed in this violence can be considered to be harmed on account of this protected ground.
500
What is Nationality?
This protected ground is a broad concept that includes ethnic groups, linguistic groups, and groups defined by common cultures.
500
What is mixed motives?
The persecutor may have several or different reasons for harming the applicant. There is no requirement that all of the persecutor's motives be connected to a protected ground. When an persecutor is motivated by reasons both connected and unconnected to a protected ground(s), this an example of ________ nexus.
500
What is Circumstantial Evidence?
COI shows that Coptic Christians in Egypt face discrimination, harassment, and sometimes physical harm. This is an example of _____ evidence of religion-based nexus?
500
What is a law of General Applicability?
In Germany, all children are required by law to attend public or state-sanctioned private schools. Parents who fail to ensure their children’s attendance may be subject to fines, imprisonment, or loss of custody. The law applies equally to all parents who fail to comply, is not intended to target anybody in particular, and does not impose disproportionately harsh penalties on any particular group. This law would be considered a law of ________.
500
What is political opinion (Coercive Family Planning)?
In 1979, China implemented the One Child Policy. Citizens found to be in violation of this law often forcefully had their pregnancies terminated or were sterilized. In 1996, Congress amended the refugee definition to allow for claims based upon certain types of harm related to coercive population control programs. A person in China subjected to a forced abortion or forced sterilization is harmed on account of his or her ______________.






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