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Well-Founded Fear is a 2000 documentary film from directors Shari Robertson and Michael Camerini.The film takes its title from the formal definition of a refugee under the UN Convention Relating to the Status of Refugees, as a person who deserves protection, "owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or ...
With respect to asylum, because Congress employed different language in the asylum statute and incorporated the refugee definition from the international Convention relating to the Status of Refugees, the Court in Cardoza-Fonseca reasoned that the standard for showing a well-founded fear of persecution must necessarily be lower.
A person is eligible for the discretionary relief of asylum if he is a refugee by being "unable or unwilling to return to, and is unwilling or unable to avail themselves of the protection of, [their home] country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular ...
As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that ...
It is an option to get asylum for those who do not have a well-founded fear of persecution (which is required for refugee status according to the 1951 Convention), but do indeed have a substantial risk to be subjected to torture or to a serious harm if they are returned to their country of origin, for reasons that include war, violence ...
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This law incorporated the International Convention's definitions of a refugee into U.S. law. [23] In doing so, it codified into U.S. law that a refugee was an individual with a "well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion."
Under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42), any alien who is "unable or unwilling to return to his home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion" is eligible for asylum in the United States.