What is the asylum process, and how does it work?
Former presidential spokesperson Harry Roque said that he has already applied for asylum in the Netherlands, claiming that as an asylum seeker, he has the right to non-refoulement and can no longer be forced to return to the Philippines.
In a Facebook Live on Thursday, March 20, Roque revealed that he is just waiting for the first interview as part of the application process, which includes initial registration, fingerprinting, a police interview, and medical tests.
Roque, who faces an arrest warrant from the House Quad Committee's POGO probe, said, "Sa kauna-unahang pagkakataon, wala nang karapatan at hindi na ako makukuha ni Marcos Jr. Hinding hindi niya ako makukuha hanggat 'di umaakto ang Dutch authorities sa aking application. 'Yun po ang tinatawag na non-refoulement," he said.
Roque explained that even with an arrest warrant or extradition request from the Philippine government, he could not be forcibly returned to the country.
"Malinaw po 'yan dahil ito po ay matter of convention rights," Roque said. "Nakasulat po talaga na yung non-refoulement, 'yan yung pinaka-importanteng karapatan ng asylum seekers [upang] hindi mapabalik dun sa lugar kung saan sila galing. Natural kasi kapag ako ay pinabalik dyan, kukulong ako, non-bailable sa isang kaso na human trafficking na walang kaebiden-ebidensya."
What is non-refoulment?
Non-refoulement, a principle of international human rights law as defined by the United Nations Human Rights, prohibits the return of individuals to countries where they risk facing "torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm."
This principle applies to "all migrants at all times, irrespective of migration status."
However, International Criminal Court Assistant to Counsel Atty. Kristina Conti told PhilSTAR L!fe that asylum is not generally an "absolute protection" and that Roque is using it "to avoid a legislative inquiry" since the warrant he's using is from the House of Representatives.
"Since the warrant he's using is from HOR, not a court, that's not the usual concept/proof of persecution. He's avoiding a legislative inquiry not a case per se. Of course, he can argue that he will be forced to admit to a crime in the legislation hearings which will lead to a crime—but that's tricky because asylum is not granted to lawbreakers generally," Conti said.
To understand the situation fully, it's important to outline the asylum process, its procedural steps, and its potential implications for individuals in similar circumstances.
Refugee vs. Asylum seeker vs. Migrant
Refugees, asylum seekers, and migrants are often used interchangeably, but they refer to different statuses and experiences.
A refugee is "someone who has been forced to flee his or her country because of persecution, war or violence."
"A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group. Most likely, they cannot return home or are afraid to do so," the United Nations High Commissioner for Refugees said.
Meanwhile, an asylum seeker is "someone who is seeking international protection."
UNHCR explained that those seeking refuge across international borders must often apply for legal recognition as refugees. During the asylum process, they are known as asylum-seekers and are guaranteed protection under international law.
A migrant, on the other hand, moves to another country by choice, usually for better opportunities, not because of immediate danger. UNHCR noted that "migrants are not protected under international law."
Asylum procedure
Asylum processes differ per country, but they typically include application, screening, and interviews to establish eligibility, followed by legal review.
The government of the Netherlands offers asylum to individuals fleeing life-threatening situations. However, before granting asylum, the country follows a special procedure to evaluate the authenticity of the asylum seeker's claim. This is to ensure that the person actually needs protection and that the application is legitimate.
Foreign nationals seeking asylum in the Netherlands must first report to the Immigration and Naturalisation Service at Ter Apel for identification and registration.
Following this, the asylum seekers are moved to a reception center, which is typically located near the application center.
People arriving by plane to seek asylum in the Netherlands report to airport authorities and stay at the application center at Schiphol Airport while their applications are reviewed.
Asylum seekers from safe countries or those with existing EU protection get a faster application process.
For the first six days, asylum seekers are allowed to rest and recover after their journey. During this period, they can receive assistance, including legal advice and medical information, to prepare for their asylum application.
Furthermore, the IND assesses asylum applications based on the facts and credibility of the asylum seeker's story, as well as the security situation in the country of origin.
Getting the asylum residence permit
If the IND determines that an asylum seeker is eligible for protection, they will be granted an asylum residence permit, allowing them to stay in the Netherlands.
However, if the IND concludes that the individual does not need protection, they will be asked to return to their home country. Alternatively, they may be sent back to the first EU country they entered before reaching the Netherlands.
But even if an asylum application is denied, the applicant can seek a judicial review from the district court. This ensures the decision complies with the law. In most cases, applicants remain in the Netherlands during the appeal process, allowing them to present their case in court.
Likewise, the government of the Netherlands will help, for instance, by providing financial assistance, but anyone who "does not leave voluntarily can be deported."
"Foreign citizens who are not allowed to stay are responsible for their own departure. Those who wish to return to their country of origin voluntarily can get assistance," it said.
