Asylum Seekers
Xuande-Xiphoi takes seriously its duties under World Assembly Resolution 57, Refugee Protection. This Resolution is given continuing legal effect by the Xuande-Xiphoian legislation, World Assembly Resolution 57 Ratification Act, 2009.
Due to the Open Border policy, Xuande-Xiphoi does not categorise any person as a 'refugee.' Rather, the process for grant of asylum is as follows:
If a claim is approved, the Asylee will immediately gain Xuande-Xiphoian National status.
If a claim is denied, the Asylum Claims Board may grant the asylee an Open Border Resident visa with the standard fee.
If the asylee is found to be unqualified for Open Border Resident status as a result of not having a genuine cause for asylum and by being ineligible for a landing clearance, they may be excluded and deported from Xuande-Xiphoi. In this instance, Xuande-Xiphoi will provide time for the person to make applications for entry to third countries and will arrange for deportations to that country if successful, however when all other avenues are exhausted, the person will be deported to a country of their citizenship.
A claim denial may also be appealed through multiple stages.
Xuande-Xiphoi shall:
Xuande-Xiphoi will not:
Due to the Open Border policy, Xuande-Xiphoi does not categorise any person as a 'refugee.' Rather, the process for grant of asylum is as follows:
- A non-citizen and non-national person arrives in Xuande-Xiphoi and declares, at the border or to another authorised official, that they seek asylum. That person will thereafter be categorised as an asylum seeker.
- An Asylum Seeker (Unsponsored) is a person who arrives in Xuande-Xiphoi without the financial support of the Xuande-Xiphoian Government.
- An Asylum Seeker (Sponsored) is a person whose travel to Xuande-Xiphoi has been financially sponsored by the Xuande-Xiphoian Government.
- The asylum seeker will be granted an Open Border Residence visa, but may be placed in immigration residential detention if a landing clearance needs to be performed.
- Immigration residential detention (IRD) facilities are secured community housing facilities which are designed to be a comfortable accommodation and service delivery centre, but which does restrict the liberty of detainees to depart the facility.
- The asylum seeker will be immediately placed into the support of the Ministry of Social Development to ensure that immediate needs, including housing, medical needs, and nutrition can be met.
- Unless an asylum seeker has a local support person or community, they may be provided public housing in any part of Xuande-Xiphoi where the Office of Asylum Grants has a local office, which ensures that applications are able to be more rapidly processed.
- The asylum seeker will undertake meetings with the Office of Asylum Grants, stating their cause for asylum and providing supporting documentation. The Asylum Determinations Officer will provide a final report to a Asylum Claims Board, who may approve the claim or require a hearing.
- If a hearing is required, the process will be provided to the asylee and a legal advocate will be appointed.
If a claim is approved, the Asylee will immediately gain Xuande-Xiphoian National status.
If a claim is denied, the Asylum Claims Board may grant the asylee an Open Border Resident visa with the standard fee.
If the asylee is found to be unqualified for Open Border Resident status as a result of not having a genuine cause for asylum and by being ineligible for a landing clearance, they may be excluded and deported from Xuande-Xiphoi. In this instance, Xuande-Xiphoi will provide time for the person to make applications for entry to third countries and will arrange for deportations to that country if successful, however when all other avenues are exhausted, the person will be deported to a country of their citizenship.
A claim denial may also be appealed through multiple stages.
Xuande-Xiphoi shall:
- Grant the full protection of the law of Xuande-Xiphoi to asylum seekers.
- Where a person is not found to be in receipt of asylum, consider all other opportunities before removal to the person's original country.
- Eliminate or minimise as much as practicable the expenses normally payable by the asylum seeker.
Xuande-Xiphoi will not:
- Deport or transport any person to any jurisdiction in which they may be put at risk of danger as defined by the Act.
- Deport any person whose claim is still in process.