![]() ![]() ![]() If it is not possible to obtain either of these corroborating documents, the applicant should be prepared to explain why. If at all possible, it would also be best if the partner could supply a copy of the medical report for the stitches. Whenever possible, the unavailability of evidence should also be supported by corroborating evidence.įor example, if an applicant reports that the police in their country arrested them and their partner when the couple were leaving a gay club, and that the applicant’s partner was beaten so badly by a homophobic gang that they required stitches on their face, the applicant should attempt to obtain an affidavit or letter from their partner confirming that the incident took place. Attorneys should thus put themselves in the position of an Immigration Judge (IJ) and ask: “What type of evidence would I want to consider to make a fair determination of this claim?” Attorneys should be prepared to gather all corroborating evidence reasonably available to support a client’s claim and, where unavailable, provide a clear explanation as to why the client is unable to obtain the evidence. While the law protects the ability of asylum-seekers to obtain relief based on their testimony alone, it is at the adjudicator’s discretion whether the testimony alone is sufficient. ![]() “In determining whether the applicant has met the applicant’s burden, the trier of fact may weigh the credible testimony along with other evidence of record.” 3.An adjudicator may require other evidence to corroborate otherwise credible testimony “unless the applicant does not have the evidence and cannot reasonably obtain the evidence.”.An adjudicator may grant asylum on testimony of the applicant alone but only where the testimony “is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee.The Real ID Act also places a heavy burden on the applicant to corroborate their asylum, withholding and CAT claims. 9.2 Post Real ID Act - Corroborating Evidence Client affidavits and testimony should include, where available, statements that persecutors may have made regarding the protected ground and an articulation of all other circumstances, including that of similarly situated individuals, that have led the client to believe that the harm or feared harm is on account of one of the protected grounds. Attorneys should take care to consider and highlight all direct and circumstantial evidence in the case that demonstrates this nexus. The Real ID Act amended the INA such that “o establish that the applicant is a refugee within the meaning of, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.” 2Īs a result, applicants are expected to demonstrate a clear nexus between the persecution and a protected ground. retroactively to all cases with a final order of removal (for review of finding as to availability of corroborating evidence). ![]()
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