[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR208.19]

[Page 205-206]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL--Table of Contents
 
              Subpart A--Asylum and Withholding of Removal
 
Sec. 208.19  Determining if an asylum application is frivolous.

    For applications filed on or after April 1, 1997, an applicant is 
subject to the provisions of section 208(d)(6) of the Act only if a 
final order by an immigration judge or the Board of Immigration Appeals 
specifically finds that the alien knowingly filed a frivolous asylum 
application. For purposes of this section, an asylum application is 
frivolous if any of its material elements is deliberately fabricated. 
Such finding shall only be made if the immigration judge or the Board is 
satisfied that the applicant, during the course of the proceedings, has 
had sufficient opportunity to account for any discrepancies or 
implausible aspects of the claim. For purposes of this section, a 
finding that an alien filed a frivolous asylum application shall not 
preclude the alien from seeking withholding of removal.

[64 FR 8492, Feb. 19, 1999]

    Effective Date Note: At 65 FR 76136, Dec. 6, 2000, Sec. 208.19 was 
redesignated as Sec. 208.20 and a new Sec. 208.19 was added, effective 
Jan. 5, 2001. For the convenience of the user, the added text is set 
forth as follows:

Sec. 208.19  Decisions.

    The decision of an asylum officer to grant or to deny asylum or to 
refer an asylum application, in accordance with Sec. 208.14(b) or (c), 
shall be communicated in writing to the applicant. Pursuant to 
Sec. 208.9(d), an applicant must appear in person to receive and to 
acknowledge receipt of the decision to grant or deny asylum, or to refer 
an asylum application unless, in the discretion of the asylum office 
director, service by mail is appropriate. A letter communicating denial 
of asylum or referral of the application shall

[[Page 206]]

state the basis for denial or referral and include an assessment of the 
applicant's credibility.