Can a foreign student from norway seek asylum in sweden after learing from his/her country press that his life is at risk because he is gay?
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I enterd norway as a student on a 2 years student visa. after my program , while preparing to leave for my country, i recieved an information that my life is at great risk if i should ...show more
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Answer:
You can always try for asylum, but it's far too complicated a matter for anyone to be able to guess at your chances. Asylum claims are unbelievably complicated. If you need an assessment of the likelihood that your claim would be granted, you need to contact a lawyer who specialises in the field and is familiar with your region of the world. As far as the information you've given, it's not sufficient to make a determination. And to be frank, this is far too serious to listen to amateurs. You need the professional opinion of someone who knows every last detail of your case. To be very general: You have to demonstrate that you have a well founded fear of being persecuted. The thing is, just having that story printed doesn't make your claim automatically granted. This is an individual assessment that will be done, so YOU will be persecuted based on your membership in a social group. The courts have rules that you cannot be required to hide your sexual identity, however, the next question is whether it's reasonable to assume someone could find out you're gay. Ex: You can walk down the streets in Tehran holding hands with someone of the same sex, and that won't ring any alarm bells since that's seen as a sign of friendship. Sweden will likely not send you back to Norway unless you've already applied for asylum in Norway. Asylum shopping is applying for asylum in multiple countries. The Dublin convention doesn't allow for that. There's nothing in the Dublin convention or the Refugee Convention that states you must apply in the first safe country you arrive in (it would be an absurd rule that would tax the countries on the Schengen border even more than they are now). The rule is that you must be outside of your home country. Also, the Refugee Convention specifically states that you cannot punish an asylum seeker for breaking immigration rules. You definitely need a lawyer for this, I cannot emphasise this enough. One is provided to you in Norway if you seek asylum in this country, and I'd assume that to be true for Sweden as well.
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Other answers
If the story you talk about names you specifically as a target you should get an attorney in Norway to see if there's some extraordinary process that could help you. Just being gay and from a country that harasses gay people won't be enough. It has to be a specific threat against you.
Foofa
Norway, like most of Scandinavia, is very liberal in regard to lesbian, gay, bisexual, transgender (LGBT) rights and it also became the first country in the world to enact an anti-discrimination law protecting homosexuals in certain areas. Same-sex marriage, adoption, and IVF/assisted insemination treatments for lesbian couples have been legal since 2009.
ZoraK
No, you don't shop around for a country. You claim in the first safe country you are in and that is Norway. Sweden will send you back to Norway to file your claim.
Comicbook Reader
no.
John
No. You cannot go from Norway to Sweden to claim asylum in Sweden. Sweden will return you to your country of citizenship with bar to reentry for fraud. You must be fleeing imminent danger within your own country, and apply for asylum at the nearest safe border. You have not been identified & targeted specifically. You are currently going to school and are not in any danger at present. After you complete school & return home, then if threatened, you might go to the nearest safe border. Right now, this is all just speculation that you might at some time in the unknown future become a target - assuming the world knows you are gay and gives a hoot about it. Not in danger = not eligible for asylum.
ibu guru
never going to happen ...your claim will be denied with out even an investing ..that's flogging a dead horse ...
Paul
You have to seek asylum in Norway, not Sweden. You can only request asylum in the first safe country you reach. Norway is a very safe, gay friendly country. Get a lawyer and apply for asylum there. As Comicbook Reader says, if you try to apply in Sweden they will refuse the claim and send you back to Norway - or they could even return you to your home country for attempting to file a false claim as you didn't file when you were in a safe country
Kittysue
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