Convention Against Torture
Immigration Law · Lesson 13
Convention Against Torture
這一課問的是：P 是否符合 CAT 保護要件？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
CAT
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UN Convention Against Torture — implementing regulations bar removal.
CAT。
torture
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Severe pain/suffering intentionally inflicted by/with consent of public official.
酷刑。
more likely than not
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Required showing of torture risk.
更有可能。
no protected ground required
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CAT not tied to five protected grounds — pure torture risk.
無保護理由要求。
mandatory protection
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Granted as right if standard met.
強制。
CAT deferral
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For those barred from withholding — still protects from removal to torture.
CAT 延期。
Rule Sentence · the workhorse
Under the Convention Against Torture as implemented in 8 CFR §§ 1208.16-18, an applicant must show it is more likely than not that he would be tortured if removed to the proposed country; torture must be severe pain/suffering intentionally inflicted by or with the acquiescence of a public official, and CAT protection requires no nexus to a protected ground.
Mini IRAC · build the Application
Issue. Does P qualify for CAT protection where he faces a more-likely-than-not risk of torture by police in his home country?
Rule. CAT protection requires showing it is more likely than not that the applicant would be tortured by/with consent of public official.
Application (model). P faces more-likely-than-not risk of torture by police. Because CAT requires showing intentional infliction of severe pain by/with consent of public official with a more-likely-than-not probability, the fact that P faces torture by state police means the standard is met.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P qualifies for CAT protection.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: