## Asylum Application

This is a sample asylum application for a client fleeing persecution. Please note that this is a sample document and should be adapted to the specific circumstances of each case.

### Table of Contents

1. Introduction
2. Applicant Information
3. Country of Origin Information
4. Reasons for Fleeing
5. Fear of Persecution
6. Supporting Documents
7. Conclusion

### 1. Introduction

This application for asylum is submitted on behalf of [Applicant Full Name], a citizen of [Country of Origin], who is seeking protection from persecution in Kenya. The applicant is requesting asylum based on their fear of persecution on the grounds of [Grounds for Persecution, e.g., race, religion, nationality, political opinion, sex, or membership in a particular social group].

### 2. Applicant Information

* **Full Name:** [Applicant Full Name]
* **Date of Birth:** [Date of Birth]
* **Place of Birth:** [Place of Birth]
* **Nationality:** [Nationality]
* **Gender:** [Gender]
* **Marital Status:** [Marital Status]
* **Occupation:** [Occupation]
* **Education:** [Education]
* **Current Address in Kenya:** [Current Address in Kenya]
* **Contact Information:** [Contact Information]

### 3. Country of Origin Information

[Provide a detailed description of the applicant's country of origin, including its political, social, and economic situation. This section should focus on the specific conditions that make the applicant fear persecution. For example, if the applicant is fleeing political persecution, describe the political climate in their country of origin, including any human rights violations, restrictions on freedom of speech, or political oppression. If the applicant is fleeing religious persecution, describe the religious situation in their country of origin, including any discrimination, harassment, or violence against members of their religion. If the applicant is fleeing persecution based on their membership in a particular social group, describe the situation of that social group in their country of origin, including any discrimination, harassment, or violence against members of that group.]

### 4. Reasons for Fleeing

[Provide a detailed account of the applicant's reasons for fleeing their country of origin. This section should include specific events or experiences that led the applicant to fear persecution. For example, if the applicant was arrested or detained for their political beliefs, describe the circumstances of their arrest and detention. If the applicant was threatened or attacked for their religion, describe the nature of the threats or attacks. If the applicant was discriminated against or harassed for their membership in a particular social group, describe the nature of the discrimination or harassment.]

### 5. Fear of Persecution

[Explain why the applicant fears persecution if they are returned to their country of origin. This section should be specific and detailed, and should include evidence to support the applicant's claims. For example, if the applicant fears persecution based on their political beliefs, provide evidence of the government's persecution of people with similar beliefs. If the applicant fears persecution based on their religion, provide evidence of the government's persecution of members of their religion. If the applicant fears persecution based on their membership in a particular social group, provide evidence of the government's persecution of members of that group.]

### 6. Supporting Documents

[List all supporting documents that are being submitted with the asylum application. This may include, but is not limited to:

* **Passport:** [Applicant's Passport]
* **Birth Certificate:** [Applicant's Birth Certificate]
* **Police Reports:** [Any police reports filed by the applicant in their country of origin]
* **Medical Records:** [Any medical records that document the applicant's injuries or illnesses]
* **Witness Statements:** [Statements from witnesses who can corroborate the applicant's claims]
* **Newspaper Articles:** [Any newspaper articles that document the applicant's persecution]
* **Other Relevant Documents:** [Any other documents that support the applicant's claims]

### 7. Conclusion

The applicant respectfully requests that the Kenyan authorities grant them asylum. The applicant has demonstrated a well-founded fear of persecution if they are returned to their country of origin. The applicant is a person of good character and poses no threat to the security of Kenya. The applicant is willing to cooperate with the Kenyan authorities in any way necessary to process their asylum application.

**TLDR:** The applicant is seeking asylum in Kenya due to a well-founded fear of persecution in their country of origin. They have provided detailed information about their reasons for fleeing and their fear of persecution. They have also submitted supporting documents to corroborate their claims.

**Sources:**

* [UNHCR](https://www.unhcr.org/ke/who-we-protect/refugees-and-asylum-seekers)
* [Refugees Act, 2006](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/R/Refugee%20Act%20Cap.%20173%20-%20No.%2013%20of%202006/docs/RefugeeAct13of2006.pdf)

**Case Laws:**

* **O A v Minister of Home Affairs and Others (33905/2019) [2019 ZAGPJHC 470]** - This case highlights the importance of providing a factual basis for an asylum application, even if the court is not considering the merits of the application. The court needs to be satisfied that the application could invoke consideration and application of the Refugees Act.
* **Pomavilla-Zaruma v. Garland, No. 20-3230 (2d Cir. 2023)** - This case demonstrates the importance of credibility in asylum applications. The court found that the petitioner was not credible and denied her application. This case highlights the need for applicants to be truthful and consistent in their testimony.

---

### Asylum Application Document

***

**ASYLUM APPLICATION**

**Applicant Name:** [Applicant Full Name]

**Date:** [Date]

**Country:** Kenya

**I, [Applicant Full Name], hereby apply for asylum in Kenya.**

**I am a citizen of [Country of Origin] and was born on [Date of Birth] in [Place of Birth].**

**I am seeking asylum because I fear persecution in my country of origin on the grounds of [Grounds for Persecution, e.g., race, religion, nationality, political opinion, sex, or membership in a particular social group].**

**I have been persecuted in the past because of [Describe specific events or experiences that led the applicant to fear persecution].**

**I fear that if I am returned to [Country of Origin], I will be [Describe the specific harm that the applicant fears they will suffer if they are returned to their country of origin].**

**I am attaching the following documents in support of my application:**

* **Passport:** [Applicant's Passport]
* **Birth Certificate:** [Applicant's Birth Certificate]
* **Police Reports:** [Any police reports filed by the applicant in their country of origin]
* **Medical Records:** [Any medical records that document the applicant's injuries or illnesses]
* **Witness Statements:** [Statements from witnesses who can corroborate the applicant's claims]
* **Newspaper Articles:** [Any newspaper articles that document the applicant's persecution]
* **Other Relevant Documents:** [Any other documents that support the applicant's claims]

**I understand that I am required to cooperate with the Kenyan authorities in the processing of my asylum application.**

**I am willing to be interviewed by the Kenyan authorities and to provide any further information that is required.**

**I am also willing to be relocated to a refugee camp or other designated location.**

**I am requesting that the Kenyan authorities grant me asylum.**

**Sincerely,**

**[Applicant Full Name]**

**[Applicant Signature]**

**[Date]**

***

---

**Please note:** This is a sample asylum application and should be adapted to the specific circumstances of each case. It is important to consult with an immigration lawyer or advocate to ensure that your application is complete and accurate.


## Asylum Application for a Client Fleeing Persecution

### Table of Contents

1. Introduction
2. Background Information
3. Grounds for Asylum
4. Legal Framework
5. Case Laws and Legal Precedents
6. Conclusion
7. TLDR
8. Sample Asylum Application Document

---

### 1. Introduction

Applying for asylum is a critical process for individuals fleeing persecution in their home countries. In Kenya, the process is governed by the Refugees Act, 2021, and is administered by the Department of Refugee Services (DRS). This document provides a comprehensive guide on how to draft an asylum application, including the necessary legal framework, grounds for asylum, and relevant case laws.

### 2. Background Information

Asylum seekers are individuals who have fled their home countries due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. In Kenya, the Department of Refugee Services (DRS) is responsible for processing asylum applications and providing protection to refugees.

### 3. Grounds for Asylum

To qualify for asylum in Kenya, an applicant must demonstrate a well-founded fear of persecution based on one or more of the following grounds:

- **Race:** Persecution due to racial identity.
- **Religion:** Persecution due to religious beliefs or practices.
- **Nationality:** Persecution due to national origin.
- **Membership in a Particular Social Group:** Persecution due to belonging to a specific social group.
- **Political Opinion:** Persecution due to political beliefs or activities.

### 4. Legal Framework

The legal framework for asylum in Kenya is primarily governed by the Refugees Act, 2021. This Act outlines the procedures for applying for asylum, the rights and obligations of asylum seekers, and the role of the Department of Refugee Services (DRS).

#### Key Provisions of the Refugees Act, 2021

- **Section 11:** Defines the criteria for refugee status.
- **Section 12:** Outlines the application process for asylum.
- **Section 13:** Provides for the rights and obligations of refugees.
- **Section 14:** Establishes the Refugee Appeals Board for handling appeals.

### 5. Case Laws and Legal Precedents

#### 1. **RCK v. Attorney General [2017] eKLR**

- **Parties:** Refugee Consortium of Kenya (RCK) vs. Attorney General
- **Outcome:** The High Court ruled that the government must uphold the rights of refugees and asylum seekers as provided in the Refugees Act.
- **Relevance:** This case underscores the importance of adhering to the legal protections afforded to asylum seekers under Kenyan law.

#### 2. **Kituo Cha Sheria v. Attorney General [2013] eKLR**

- **Parties:** Kituo Cha Sheria vs. Attorney General
- **Outcome:** The court held that the government must ensure that asylum seekers have access to fair and efficient asylum procedures.
- **Relevance:** This case highlights the necessity of procedural fairness in the asylum application process.

#### 3. **Mutua v. Republic [2019] eKLR**

- **Parties:** Mutua vs. Republic
- **Outcome:** The court emphasized the principle of non-refoulement, which prohibits the return of asylum seekers to countries where they may face persecution.
- **Relevance:** This case reinforces the protection against refoulement as a fundamental aspect of asylum law.

### 6. Conclusion

Applying for asylum in Kenya involves a detailed and legally grounded process. It is essential to provide a comprehensive narrative of the applicant's experiences and fears, supported by relevant evidence and legal arguments. The Refugees Act, 2021, and pertinent case laws provide a robust framework for protecting the rights of asylum seekers.

### 7. TLDR

To apply for asylum in Kenya, an individual must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The process is governed by the Refugees Act, 2021, and involves submitting a detailed application to the Department of Refugee Services (DRS).

### 8. Sample Asylum Application Document

---

---

**[Your Full Name]**  
**[Your Address]**  
**[City, Postal Code]**  
**[Email Address]**  
**[Phone Number]**  

**[Date]**

**Department of Refugee Services (DRS)**  
**[DRS Office Address]**  
**[City, Postal Code]**  

**Subject: Application for Asylum**

**To Whom It May Concern,**

I, [Your Full Name], hereby submit this application for asylum in the Republic of Kenya. I am seeking protection due to a well-founded fear of persecution in my home country, [Country of Origin], based on [specify grounds: race, religion, nationality, membership in a particular social group, or political opinion].

### Personal Information

- **Full Name:** [Your Full Name]
- **Date of Birth:** [Your Date of Birth]
- **Nationality:** [Your Nationality]
- **Passport Number:** [Your Passport Number]
- **Current Address:** [Your Current Address]

### Background and Reasons for Seeking Asylum

I was born and raised in [Country of Origin]. Due to my [specify grounds: race, religion, nationality, membership in a particular social group, or political opinion], I have faced severe persecution, including [provide detailed account of persecution, including dates, locations, and specific incidents].

### Fear of Persecution

I have a well-founded fear of persecution if I return to [Country of Origin]. This fear is based on [provide detailed reasons for fear, including any threats, past persecution, and current situation in the home country].

### Legal Grounds for Asylum

Under the Refugees Act, 2021, I qualify for asylum based on the following grounds:

- **[Specify Grounds: Race, Religion, Nationality, Membership in a Particular Social Group, or Political Opinion]**

### Supporting Evidence

I have attached the following documents to support my application:

- **[List of Documents: Identification documents, affidavits, medical reports, police reports, etc.]**

### Conclusion

I respectfully request that my application for asylum be granted, allowing me to remain in Kenya and live free from the fear of persecution. I am willing to provide any additional information or attend any interviews as required.

Thank you for your consideration.

**Sincerely,**

**[Your Full Name]**  
**[Signature]**

---

---

### Sources

- [UNHCR Kenya - Applying for Asylum](https://help.unhcr.org/kenya/applying-for-asylum-in-kenya/)
- [CM Advocates LLP - Seeking Asylum in Kenya](https://cmadvocates.com/en/blog/seeking-asylum-in-kenya)
- [Refugee Consortium of Kenya - Synopsis of the Refugees Act, 2021](https://www.rckkenya.org/wp-content/uploads/2022/03/RCK-Synopsis-of-the-Refugees-Act-2021.pdf)
- [Kenya Law Reports - Refugees Act](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/R/Refugee%20Act%20Cap.%20173%20-%20No.%2013%20of%202006/docs/RefugeeAct13of2006.pdf)

---

This comprehensive guide and sample document should assist you in preparing a detailed and legally sound asylum application in Kenya.

Write an asylum application for a client fleeing persecution

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Write an asylum application for a client fleeing persecution