In most cases, to obtain asylum, an applicant must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion or particular social group. But there are a couple of exceptions: “Humanitarian Asylum” and “Other Serious Harm.”
Humanitarian asylum allows an applicant to receive asylum if she “demonstrate[s] compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution.” 8 C.F.R. § 208.13(b)(1)(iii)(A). In other words, we don’t send a person back to a country where she faced severe past persecution based on a protected ground, even if it would be safe for her to return to that country today. I had a case a few years ago that illustrates this type of relief–My client was a 10-year-old Tutsi girl in Rwanda in 1994. When the genocide began, she went with her mother and two siblings to hide in a church. The Interhamwe militia arrived and separated the people in the church into two groups: one group that would live and one that would die. The little girl fainted (mercifully) before she could see her mother and one sibling murdered. Years later, she was in the U.S. seeking asylum. For some reason, the Asylum Office referred her case to the Immigration Court and she hired me. We were able to get humanitarian asylum based on the severity of her past persecution. In a sense (the legal sense), this was an easy case. Humanitarian asylum is well-known and relatively common.
A less well known form of relief is asylum based on other serious harm. To obtain asylum on this basis, an applicant who has suffered past persecution based on a protected ground must “establish[] that there is a reasonable possibility that he or she may suffer other serious harm upon removal to that country.” 8 C.F.R. § 208.13(b)(1)(iii)(B). Put another way, where an asylum applicant suffered past persecution based on a protected ground, but he no longer has a well-founded fear of future persecution based on that ground, he can still obtain asylum if he demonstrates that he could suffer “other serious harm” in his country. “Other serious harm” does not have to be based on a protected ground, and it does not have to be related to the original persecution.
I had a case recently where this would have been an appropriate form of relief, had I known about it (why is it that I always learn these types of things after the fact?). My case involved a guard who worked for the Special Court for Sierra Leone–the court that tried war criminals from the time of the civil war. During the civil war, my client was persecuted based on his political party affiliation. In 1991, rebels killed his parents in order to retaliate against him for his political activity. My client was working for the Special Court more recently, and he was assigned to protect an important witness. Former rebels who did not want the witness to testify asked my client to murder the witness in exchange for money. He refused, and reported the incident to his superiors. After his refusal, the former rebels repeatedly threatened to kill him, they broke into his house and left a warning note, and finally they invaded his house to kill him. He ran from the house and fled the country.
My client satisfied the first prong for “other serious harm” relief–He was persecuted on account of his political opinion during the time of the civil war. He also satisfied the second prong–He was facing harm or death because he failed to comply with the demands of the former rebels to murder the witness. Unfortunately, at the time, I did not know about relief based on “other serious harm.”
Luckily for my client (and me), the DHS attorney felt that my client qualified for humanitarian asylum based on the severity of the past persecution, and so asylum was granted. However, the more appropriate form of relief was asylum based on “other serious harm.” I learned about this avenue of relief at the First Annual USCIS Ombudsman’s Conference, which took place about a week after my case. Aside from the bad timing, it was a great conference. Anyway, now that I know, I thought I would share some information about “other serious harm,” as it might be helpful to others in their cases.
[…] In the case of forced sterilization, which can presumably only happen once, you can still argue for humanitarian asylum, which allows for a grant of asylum even when there is no more danger in the home country, as long […]
[…] suffered qualified her for humanitarian asylum, even if it would be safe for her in Rwanda today. Other serious harm asylum is for people who suffered persecution in the past based on their race, religion, […]
Hello,
I am a US Citizen trying to get humanitarian asylum for an orphan cousin who has been raped and abused on multiple occasions, and suffers form mild retardation. She has no one to care for her in her county and needs full-time care that I am willing to offer her here in the states if there is a way for her to quality. She is here in the meantime on a tourist visa. Her situation is very dire and the men who raped her are now being put out on parole after only completing 40% of their sentence, hence she fears retaliation. Most recently the boarding school she was in it was brought to my attention that one of the care givers was also molesting her, which is why I did not send her back. Do you think there are grounds for asylum?
They could be, and there is a good chance you could find a free lawyer for her. I wrote a post on September 22, 2016 with some links to organizations that might be able to assist. Take care, Jason
Hi Jason
I got divorcred 2 years ago from a drug addict (hash and cocaine). I have suffered a lot from domestic violence and once he planned to kill me. The problem is that my children (6 years old daughter and 11 years son) still live with him. They suffer from financial issues, some violence and carelessness. I live with my parents now. But they are not supportive and they refused to bring my children to live with me. In addition to that we lack child protection in Lebanon. My children live in a big threat and I’m afraid that they my face more abuse as I faced during marriage. Is there any way to seek asylum for the sake of my children?
If you are in the US (or some other country that offers asylum), you can apply. In the US, it might be possible to win such a case, but it would be difficult. There are instances where domestic violence victims can get asylum, but it is not easy. Also, it might be possible to get asylum based on the children’s issue, but the law is not really designed for that, and you would need to talk to a lawyer to help present the case. Take care, Jason
I am from Venezuela.
I recently left on a tourist visa.
I have been in protests and hve also been in places where there have been bombs thrown at our building with bombs. I am a sinle mom and I had to take my baby underfire to the car to escape the bombs and gas.
Can we qualify for the asylum?
Thank you so much
For asylum, you normally need to show a specific threat directed you because of your political activity (or other protected reason). You can file for asylum, but whether the case is any good, I cannot tell from your posting. You should consult with a lawyer to discuss the specifics and better evaluate the chances for success. Take care, Jason
Name: Khaled
[redacted]
Reasons for seeking asylum:
We no longer have a home or work in Syria
There was no security in Syria because of the war
Fear of war and fear of rape, imprisonment and ill-treatment in Syria
We want to seek humanitarian asylum:
A country that respects human rights and a country where security, stability, work and follow-up all the requirements of life and living in society and work and diligence on ourselves and our documents and scientific certificates approved and all documents prove to us
Current residence:
Turkey Istanbul
I am not sure why you posted all that personal info on the website, but I redacted it, as it is not appropriate. Take care, Jason
I am a 20 year old student from 20 year old student from Egypt I came to the us on tourist visa to get away from my father. I used to suffer from domestic violence and lack of financial support. Does my case Qualify?
It may. We have done such cases, and it depends on many factors – Will/can your father or other family members harm you? Is there somewhere in Egypt you can go to be safe? Will the government protect you (in Egypt, I think that is unlikely)? Also, you need to show a “nexus” meaning, if the harm is random, that is usually not enough to win, but – for example – if your father is harming you because he thinks you are not properly practicing your religion, or if he thinks you are gay, or if he does not like your political views, them these can be basis for asylum. I recommend you talk to a lawyer about the specifics of your case, as domestic violence cases can be tricky, and it is important to present the case in the correct way. Take care, Json
Hey its was really nice to read your blog, i have a situation as well, am from Uganda and one day in 2011 i was taken by JATT suspected to be a reble and i was beaten and kept under a room from 2011 may to 2012 feb, in feb i was taken to court and they wanted me to tell them where my father was but didn’t know and the judge sent me to life in prison. but i was helped by a man who brought me to europe o study and after i have been a sex slave, druged and i just escaped. i want to seek asylum but what can i do?
If you are in the US, you can apply for asylum. You might want to hire a lawyer or contact a non-profit organization, like Catholic Charities, for help in the process. But it sounds like you should have a strong case. Take care, Jason
MR. DZUBOW,
Thanks for sharing the info. Last week my friend, his wife and his daughter came from India. My friend is a retired police officer. His daughter is disabled ( cannot hear or talk ). She was a vicitim of domestic violence by her ex husband, and my freind also received death threats after her daughter’s separtion. His question is can they get asylum based on their daughter’s circumstances?
I will appreciate your response.
Regards
Gurdev
It sounds like they would have a decent case for asylum. Cases like this are legally tricky, as the law does not exactly accommodate this situation, and so it would be a good idea to have a lawyer help them with the case. Good luck, Jason
Appreciate your pompt response.
Regards,
Gurdev
Hello Mr. Dzubow: Thank you for your blog. I practice asylum and removal defense in San Francisco, and I refer my clients to your blog on occasion when they have questions that you have addressed.
I have a potential client who has suffered some passed persecution in Liberia before coming to the US. He entered the US on a tourist visa but overstayed, and he now is afraid to go back due to the Ebola virus outbreak. He has had many people in his hometown, friends and family, who have contracted the virus, and his children have been forced out of their home due to the outbreak. What do you think – is this sufficient “other serious harm” to justify this type of humanitarian asylum?
Thank you. I’m not sure about internal relocation, as there may be parts of the country that are not affected by Ebola, but I do think it might form an OSH claim. In fact, my colleague did a case where Ebola was one factor that contributed to an OSH asylum grant – see the blog post from Sept. 16, 2014.
Hi, I am business man from Pakistan. I am having life threats from unknown people, they send us lettets for money and if not paid they kill or react in a bad way. last month my cousin was kidnapped for ransom. can I apply for asylum on basis of this. can somebody please guide
Potentially you could apply for asylum, but to do that, you must be physically present in the United States. Whether you would qualify is unclear based on what you told me, and I suggest that if you are in the US, you consult with an attorney who maybe can help you.
I’m from Iraq city of Nineveh Mosul more spot danger on this earth life tiring here terrorism killed Mkhkhat and bombing assassinations and the threat does not have a source of livelihood mother and I live here and I do not have a source of livelihood revived him psychological problems tiring no freedom in the lifestyle I want the freedom that exists in America, we Persecuted year we are exposed to persecution by the government and terror this number please help Mobily 009647702820361
What is Prabakaran talking about?
[…] seems to me that another basis for him to remain in the U.S. is humanitarian asylum (I imagine he is also eligible for Cancellation of Removal if his case ends up before an […]
[…] harm is related to the original persecution. See 8 C.F.R. § 208.13(b)(1)(iii)(B). While I had written previously about “other serious harm,” it had not occurred to me how useful this provision could […]
You should not feel bad about not pursuing the “other serious harm” option. Until very recently most courts completely ignored this prong of humanitarian asylum. Luckily the BIA has issued new directions on how to process these claims. It essentially restates the regs, but there is at least case support now. See Matter of L-S-, 25 I&N Dec. 705 (BIA 2012). I still have not seen a case where someone has actually been granted humanitarian asylum under (b)(1)(iii)(B). If you know of any cases where this has happened you should share them so that the doctrine can be more fully developed.
What ever new names you may call yrelseovus you are the same people with same motives of undermining the national interest and unity of Eritrea. You will not be any different from your older counter parts who spent their lifetime shouting and barking. You will never be able to stop the camel from its journey.
[…] Forgotten Path to Asylum: “Other Serious Harm” (The Asylumist, Nov. 2011) [text] (Source: Forced Migration Current Awareness Blog – […]