If an applicant is stateless, what must they demonstrate for asylum eligibility?

For an applicant who is stateless to establish eligibility for asylum, they must demonstrate past persecution in their country of last habitual residence. This requirement is rooted in the understanding that, for individuals who do not have a nationality, their last habitual residence is treated as a significant factor in determining their fear of persecution. The concept of last habitual residence refers to the country where the applicant resided most recently, regardless of their statelessness.

Proving past persecution is essential because it underscores the applicant’s credible fear of returning to a place where they faced significant harm, which is a key criterion for granting asylum. This aspect of asylum law is critical in ensuring protection for those who, despite lacking nationality, have faced serious threats to their safety and freedom in their previous place of residence.

The other options do not relate to the core requirements to prove asylum eligibility for stateless individuals. For instance, possession of a valid passport is generally not a requirement for asylum and may not be relevant for someone who is stateless. Current residency in the United States is a component of the application process but is not a basis for proving fear of persecution. A lack of legal representation does not impact the core eligibility criteria regarding past persecution and fear of returning to a country where the applicant was