Tuesday, May 21
  asylumlaw.org: First Aid asylumlaw.org: helping win asylum cases worldwide

First Aid for
Asylum Seekers

This material was prepared in association with GEA2000. It is NOT legal advice. It is provided for general information only. You should make every effort to speak directly with a lawyer BEFORE taking any action.

Where are you going to seek asylum?

Try to enter the asylum country legally, with a visa if one is required.

Visas are often difficult, but not impossible to obtain. But compared to an illegal journey, it is much safer to travel with a visa. Visa are normally refused when the applicant is suspected to apply for political asylum. Only high profile refugees and refugees with a very strong link to a certain country of asylum sometimes get a visa for the purpose of applying for asylum. The U.S. and other resettlement programs might sometimes help if you already left your country. But you cannot rely on them as they tend to be restrictive. Read some suggestions on obtaining a visa for more tips.

Many thousands of asylum seekers still travel by a tourist or business visa to their targeted asylum country or a neighbouring country that is ready to issue a visa. In order not to be sent to the visa issuing state they frequently destroy their original travel documents before applying for asylum. They pretend to have another name than the one on the passport. But there are some risks:

  • You are less credible when you try to be somebody else, even when telling the real true story that happened to you. You should therefore reveal your real identity once you have got access to an asylum procedure.
  • Some asylum countries verify whether the applicant has really lived at a certain place in his country of origin. This is another reason to reveal your identity once you are in the asylum procedure.
  • Your real identity might get revealed when your fingerprints have already been registered within the same state or by one of the European Union states co-operating by a common fingerprint recognition system (Eurodac). This fingerprint recognition system registers people who applied for asylum for a period of ten years and those who entered illegally one of the European Union states for two years.
  • Your real identity can also be revealed by the so-called Schengen Information System (SIS) which registers people who asked for visa or had to leave one of the European Union Member States. SIS registers names, alias names, dates and places of birth, civil status, unique physical characteristics, passport data, but no photographs, fingerprints, or other biometrical data yet (biometrical means: measuring electronically a part of the body). If somebody uses an authentic passport which has already been used once for an illegal entry or stay in the European Union, the SIS will also detect it. Biometrical data will be included to the next generation of SIS, SIS II, that is also aimed at integrating the 10 new European Union member states. Biometrical data and an electronic photo will be integrated in the future visa of the European Union (from the end of 2005 onwards). The United States of America already now use biometrical data and an electronic photo in their visa.

Please note also that airways personnel or European/American border policemen working at airports in your country or a transit country sometimes detect falsified visa or travel documents. There is no asylum in the plane yet. Only once on the ground of the targeted state you can apply for asylum. According to some reports this right is even not always respected at European airports! Inform a friend or a help organisation for refugees of your arrival if you are really in immediate danger at home when returned by plane to your country!


Some of these risks also exist when a refugee uses a travel document issued on another, a wrong name. This practice will become even more common: It is not easy to falsify a high tech visa. But it is easy to falsify a standard passport or to bribe somebody to get an original passport on a wrong name. In this case like in all others we recommend to reveal the identity once access to an asylum procedure has been granted. By the way: If a refugee reveals his real identity after the illegal entry he cannot be punished for illegal entry (Article 31 of the Geneva Convention).

Consider alternatives to applying for asylum in the rich countries.
Chose your preferred country of asylum on the basis of facts, not on rumours or prejudices.
Chose your country of asylum also according the recognition rates and the return policy for your country of origin. 

How are you going to get there?

You have no free choice of your asylum country within Europe. Be aware of (a) the safe third country rule, (b) the European responsibility sharing scheme Dublin II.

Try to enter the asylum country legally, with a visa if one is required.

Be aware that illegal journey to your asylum country carry risks, inlcuding death.
Women and minors: be aware of the risk of being sexually aggressed or "sold" as prostitutes though you paid for the trafficker.

What can you do to help prove your case?

Try to (a) find information on the asylum procedure, (b) seek help from organisation for refugees and (c) contact a lawyer recommended by them

During the whole procedure, give a true, complete, detailed and consistent picture of the reasons for your application, both in writing and orally!
Collect and bring documents supporting your asylum claim.

© 1999-2009 asylumlaw.org, inc. All rights reserved. Terms and Conditions of Use