In addition, certain criminals or persecutors or terrorists will also be ineligible for asylum. There is a time limit for asylum claims, which must be brought within one year. The new types of relief are useful, but only if the applicant can show that he would be at risk of torture. The success or failure of a CAT claim will depend primarily upon what the Immigration Judge or the Board of Immigration Appeals considers to be 'torture'. For the sake of clarity, I have summarised the contents of these provisions below.
Torture is an extreme form of cruel and inhuman treatment.
It does not include lesser forms of cruel, inhuman or degrading treatment or punishment. For it to be torture, severe physical or mental pain and suffering must be caused to the applicant. Mental suffering must be prolonged to be severe and can, for example, result from the application of mind altering substances to the applicant or from the threat of the imminent death of the applicant or another. The acts of torture must also receive some form of government authority. They should be inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.