1. The asylum applicant bears the burden of proof of establishing that they fall under this definition of a refugee. The applicant is required to testify under oath regarding the truth of their application in order to meet this burden of proof. The deciders of asylum filings, such as the immigration court, “not only encourage[s], but require[s] the introduction of corroborative testimonial and documentary evidence, where available.” Testimony can be sufficient to sustain the applicant’s burden of proof, if the testimony is credible and it does not conflict with previous written or oral statement, such as, a previously filed asylum application or the credible fear interview record.
2 . Generally, beatings by other citizens will not constitute persecution if there is no showing that there was government involvement or that the government refused to assist in prosecuting the abusers (i.e.- domestic abusers) or protecting the victim. For instance, in some cases, asylum is denied because beatings and verbal abuse were committed only by non-governmental actors. An asylum applicant who never contacted the authorities may have a difficult time proving that the government was unwilling or unable to protect him or prosecute his abusers, depending on the specific facts of the case.