This is the latest Memo regarding going back to country of persecution. PunjabMunda researched it and Produced it. Does this memo support or discaurage going back country of persecution?
Status of Refugees and Asylees Who Return to Countries of Alleged Persecution. Refugees and asylees and permanent residents as a direct result of refugees/asylees who return to the country where they claim to have been persecuted risk losing their status. When such individuals attempt to secure travel documents to return to the U.S., 8 C.F.R. section 223.2(b)(2)(ii) comes into play. Under this section, a refugee or asylee is eligible for a refugee travel document outside the U.S. if the "alien did not engage in any activities outside the U.S. that would be inconsistent with continued refugee or asylee status." According to the memo, refugees who return to visit an ailing parent are less likely to have engaged in an activity inconsistent with their status than those who get married with a view to reside there.
The memo also reviews the "cessation clauses" of the 1951 Convention Relating to the Status of Refugees; Handbook on Procedures and Criteria for Determining Refugee Status (Handbook), which suggests that a refugee or asylee who returns to the country where he claims to have been persecuted may have "voluntarily availed himself of the protection of his country of nationality." The cessation clause includes three elements: (1) voluntariness (the refugee must act voluntarily); (2) intention (the refugee must intend by his action to re-avail himself of the protection of the country of his nationality); and (3) re-availment (the refugee must actually obtain such protection).
When a refugee visits his or her former country, overseas personnel are directed to investigate the facts surrounding the refugee's visit and determine whether the refugee continues to need international protection and whether the status should be revoked. Application of the cessation principles can result in the invalidation of unexpired travel documents. Nevertheless, the memo heeds the cautionary note suggested by the Handbook and directs that cessation principles be applied restrictively to permanent residents as a direct result of refugees/asylees. Thus, unless it is clear that the principles apply, doubts should be resolved in the permanent residents’ favor.
Status of Refugees and Asylees Who Return to Countries of Alleged Persecution. Refugees and asylees and permanent residents as a direct result of refugees/asylees who return to the country where they claim to have been persecuted risk losing their status. When such individuals attempt to secure travel documents to return to the U.S., 8 C.F.R. section 223.2(b)(2)(ii) comes into play. Under this section, a refugee or asylee is eligible for a refugee travel document outside the U.S. if the "alien did not engage in any activities outside the U.S. that would be inconsistent with continued refugee or asylee status." According to the memo, refugees who return to visit an ailing parent are less likely to have engaged in an activity inconsistent with their status than those who get married with a view to reside there.
The memo also reviews the "cessation clauses" of the 1951 Convention Relating to the Status of Refugees; Handbook on Procedures and Criteria for Determining Refugee Status (Handbook), which suggests that a refugee or asylee who returns to the country where he claims to have been persecuted may have "voluntarily availed himself of the protection of his country of nationality." The cessation clause includes three elements: (1) voluntariness (the refugee must act voluntarily); (2) intention (the refugee must intend by his action to re-avail himself of the protection of the country of his nationality); and (3) re-availment (the refugee must actually obtain such protection).
When a refugee visits his or her former country, overseas personnel are directed to investigate the facts surrounding the refugee's visit and determine whether the refugee continues to need international protection and whether the status should be revoked. Application of the cessation principles can result in the invalidation of unexpired travel documents. Nevertheless, the memo heeds the cautionary note suggested by the Handbook and directs that cessation principles be applied restrictively to permanent residents as a direct result of refugees/asylees. Thus, unless it is clear that the principles apply, doubts should be resolved in the permanent residents’ favor.
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