Hhemc said:
Solovei, my aunt had asylum interview in 2003, got recommended approval in oct 2003 and her case was pending background check untill june 2005 when her case was denied (after recommended approval!!!). As we found out, 4-5 different asylum officers were successively assigned to her case (after the asylum officer who interview her was moved to another office) and the last one decided to conduct a "CONFIDENTIAL" background check through US consulate in her home country. After this investigation almost everybody (including authorities, neighbours, friends) in her home town knew that she came to the US and claimed for asylum and a lot of details about her application. It's a very long story, her family there is in a very bad situation, but in the result her case was denied.
I thought that info about asylum info was confidential!
Prepared by the USCIS Asylum Division
Date: June 3, 2005
Fact Sheet: Federal Regulations Protecting the Confidentiality of Asylum Applicants
Synopsis
The federal regulations at 8 CFR 208.6 generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations—including information contained in RAPS or APSS1—except under certain limited circumstances. These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances2, give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
According to established guidance, confidentiality is breached when information contained in or pertaining to an asylum application (including information contained in RAPS or APSS) is disclosed to a third party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third party to link the identity of the applicant to: (1) the fact that the applicant has applied for asylum; (2) specific facts or allegations pertaining to the individual asylum claim contained in an asylum application; or (3) facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum. The same principles generally govern the disclosure of information related to credible fear and reasonable fear determinations, as well as to applications for withholding or deferral of removal under Article 3 of the Convention Against Torture, which are encompassed within the asylum application.
In the absence of the asylum applicant’s written consent or the Secretary of Homeland Security’s3 specific authorization, disclosure may be made only to United States government officials or contractors and United States federal or state courts on a need to know basis related to certain administrative, law enforcement, and civil actions. In some instances, interagency arrangements have been established – such as the arrangement between the former INS and the FBI -- to facilitate the proper disclosure of asylum-related information to United States agencies pursuant to the regulations. The release of information relating to an asylum application,
1RAPS is the system for maintenance of records concerning aliens who affirmatively seek asylum by applying for the benefit with USCIS. APSS is the system for maintenance of records concerning aliens referred to a USCIS asylum officer for a credible fear or reasonable fear screening determination after having expressed a fear of return to the intended country of removal because of fear of persecution or torture during the expedited removal process under INA sec. 235(b) or administrative removal processes under INA sec. 238(b) or INA sec. 241(a)(5).
2 Public disclosure alone will rarely be sufficient to establish sur place protection claims under U.S. asylum laws. The applicant would have to establish, in light of this disclosure, that he or she has a well-founded fear of persecution on account of one of the protected grounds.
3By operation of section 1512(d) of the Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135, 2310, the Attorney General’s authority under 8 C.F.R. § 208.6(a) to authorize disclosure of confidential asylum information held by the former Immigration and Naturalization Service (INS)—and now held by the Department of Homeland Security (DHS)—was transferred to the Secretary of DHS.
Prepared by the USCIS Asylum Division
Date: June 3, 2005
credible fear determination, or reasonable fear determination (including information contained in RAPS or APSS) to an official of another government or to any entity for purposes not specifically authorized by the regulations without the written consent of the claimant requires the express permission of the Secretary of Homeland Security.
Code of Federal Regulations, Title 8
Sec. 208.6 Disclosure to third parties.
(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General [now the Secretary of DHS].
(b) The confidentiality of other records kept by the [Immigration and Naturalization] Service [now DHS] and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service [now DHS] will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.
(c) This section shall not apply to any disclosure to:
(1) Any United States Government official or contractor having a need to examine information in connection with:
(i) The adjudication of asylum applications;
(ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review;
(iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31;
(iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or
(v) Any United States Government investigation concerning any criminal or civil matter; or
(2) Any Federal, State, or local court in the United States considering any legal action:
(i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.
Frequently Asked Questions
1.
Q: Why do the regulations protect asylum-related information from disclosure?
A: Public disclosure of asylum-related information may subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances (see footnote #2), give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
Prepared by the USCIS Asylum Division
Date: June 3, 2005
2.
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4.
Q:If you have any questions regarding these policies, please contact Ted Kim at 202.272.1615.
Does that mean she has approved the case