EXPLAINER: How can Filipinos seek asylum in another country?

Individuals who wish to escape persecution, violence, or conflict in their home country may seek asylum or protection elsewhere. But while seeking asylum is considered a fundamental human right, not all applicants are granted it.

How does one apply for asylum and how can it be granted?

Chief State Counsel Dennis Chan previously said that asylum applicants must be physically present in the country where they are seeking asylum in.

Asylum seekers, according to the United Nations High Commissioner for Refugees (UNHCR), initially undergo a refugee status determination to know whether they qualify for protection.

For other countries, local authorities handle asylum applications; for some, the UNHCR examines them.

The UNHCR also noted that states have the primary responsibility to determine whether a person qualifies as a refugee.

Based on the 1951 Convention, which defines a refugee and their rights, a refugee is a person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, and is thus unable or unwilling to return to his or her home country.

All state parties to the 1951 Convention — including the Philippines — also have the obligation to protect refugees within their territory and ensure they are treated in accordance with internationally recognized standards.

The refugee status determination process, said the UNHCR, also generally consists of the following stages:

Registration - This is the initial stage where the biographical and other relevant data of the applicant are collected

Interview - The applicant’s reasons for fleeing his or her home country are being identified

Decision - The claim undergoes review and gets decided whether to grant or deny refugee status

However, not all people who apply for asylum are granted refugee status. Based on the 1951 Convention, the request could be denied if there are “serious reasons” to suspect that a person:

Has committed a crime against peace, a war crime, or a crime against humanity;

Has committed a serious non-political crime outside the country of refuge prior to admission to that country as a refugee; or

Has been guilty of acts contrary to the purposes and principles of the United Nations.

Once approved, refugees must follow the laws and regulations of their host country, including measures for maintaining public order.

Chan, however, pointed out that asylum proceedings are confidential—even if a Filipino reveals they are seeking asylum, the Philippine government cannot reach out to the destination country to validate their claims.

Zaldy Co case

In connection with the case of former Ako Bicol Party-list representative Zaldy Co, who was earlier arrested in Prague, asylum is also an option to delay his deportation to the Philippines.

According to Czech migration law expert Magda Faltová, Co’s possible return from the Czech Republic will depend on legal procedures and could face delays, especially if he seeks asylum.

Applying for asylum, she added, would be “most possible and probable” if Co claims persecution in the Philippines.

Faltová also said asylum cases could take longer due to multiple levels of appeal, and if no asylum application is filed, deportation could still take several months.

The Philippine government has been preparing documents to show that Co has pending charges before the Sandiganbayan as part of its coordination with Czech Republic officials to secure the former lawmaker’s return.

This would serve as a defense in case Co applies for political asylum, to argue that his return to the Philippines is for prosecution, not persecution.

Co is a key figure in the alleged corruption linked to anomalous flood control projects in the Philippines. — BAP, GMA News