CGMP CGMP Refugee & Asylum Processes 1 — Questions and Answers
Question 1: Under the 1951 Refugee Convention, which of the following is included in the definition of a 'refugee'?
- A person with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group (Correct answer)
- Any person who has fled their home country due to poverty or economic hardship
- A person displaced by natural disaster who cannot return home
- Any foreign national who has been outside their country for more than one year
Correct answer: A person with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
The 1951 Refugee Convention defines a refugee as someone with a well-founded fear of persecution based on five specific grounds: race, religion, nationality, political opinion, or membership in a particular social group.
Question 2: What is the principle of non-refoulement in refugee law?
- The prohibition against returning a refugee to a country where they face serious threats to their life or freedom (Correct answer)
- The right of refugees to obtain employment in the host country
- The requirement for states to grant citizenship to long-term refugees
- The obligation for UNHCR to resettle refugees within two years
Correct answer: The prohibition against returning a refugee to a country where they face serious threats to their life or freedom
Non-refoulement is a cornerstone of international refugee law, prohibiting states from returning individuals to territories where they face persecution or serious harm.
Question 3: In the United States, what is the difference between a 'refugee' and an 'asylee' in immigration law?
- Refugees apply from outside the U.S. before arrival; asylees apply after arriving in the U.S. (Correct answer)
- Refugees have stronger legal rights than asylees
- Asylees are resettled by UNHCR; refugees apply independently
- There is no legal distinction between refugees and asylees
Correct answer: Refugees apply from outside the U.S. before arrival; asylees apply after arriving in the U.S.
In U.S. immigration law, refugees are processed and admitted from abroad through the U.S. Refugee Admissions Program (USRAP), while asylees apply for protection after already being present in or arriving at the United States.
Question 4: Which United Nations agency is mandated to protect and assist refugees worldwide?
- UNHCR (United Nations High Commissioner for Refugees) (Correct answer)
- UNICEF
- IOM (International Organization for Migration)
- ILO (International Labour Organization)
Correct answer: UNHCR (United Nations High Commissioner for Refugees)
UNHCR (United Nations High Commissioner for Refugees) has the international mandate to protect refugees, stateless persons, and internally displaced persons worldwide.
Question 5: What is the annual Presidential Determination in the context of U.S. refugee admissions?
- The ceiling set by the President on the number of refugees the U.S. will admit in a fiscal year (Correct answer)
- A requirement for Congress to approve all refugee applications
- The annual report of USCIS on asylum decisions
- UNHCR's annual recommendation on U.S. refugee quotas
Correct answer: The ceiling set by the President on the number of refugees the U.S. will admit in a fiscal year
Each year, the U.S. President issues a Presidential Determination that establishes the refugee admissions ceiling and allocations by region for the upcoming fiscal year after consulting with Congress.
Question 6: Which form does a person in the U.S. use to apply for asylum affirmatively with USCIS?
- Form I-589 (Correct answer)
- Form I-485
- Form I-730
- Form I-590
Correct answer: Form I-589
Form I-589 (Application for Asylum and Withholding of Removal) is the form used for both affirmative asylum applications with USCIS and defensive asylum claims in immigration court.
CGMP CGMP Refugee & Asylum Processes 1
Under the 1951 Refugee Convention, which of the following is included in the definition of a 'refugee'?