Although the terms “refugee” and “migrant” may seem similar, they have distinct meanings and confusing them can have serious consequences for the lives and safety of refugees. The definitions carry fundamental differences, as each corresponds to a specific set of rights and responsibilities.
What is the difference between “refugees” and “migrants”?
The Brazilian Refugee Law (Law No. 9.474/1997) defines a refugee as “any individual who leaves their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group or political opinions, or due to a situation of serious and widespread human rights violations in their country of origin.” In other words, refugees are people who were forced to flee their home country — and cannot return because their lives were in danger and/or they were unable to exercise their fundamental human rights, such as health, education, freedom, security, among others.
On the other hand, although there is no legal definition for the term “migrant,” it is generally understood as people who move from their usual place of residence either within a country or across an international border for various reasons, mainly for work, family matters, and/or education. Migrants can return to their country or region of origin without serious safety risks and can usually rely on the protection and support of their State of origin, even while abroad (e.g., through consular services).
Even though they share some common characteristics, refugees and migrants are distinct groups, governed by different laws.
Why distinguish between refugees and migrants?
It is important to distinguish between “refugees” and “migrants” to maintain clarity about the causes and nature of the movements, and to ensure that responses and support are appropriate to the type of displacement and identified risks. Where applicable, refugees’ specific rights and protections must be ensured. Treating both definitions as synonyms can hinder refugees’ access to international protection and prevent the identification of other specific needs and risks.
Asylum seekers, refugees, and migrants all have the right to access public services and programs such as education, health, and social assistance, and to work legally in Brazil. However, only asylum seekers and recognized refugees are entitled to international protection, meaning some rights and guarantees apply differently to refugees and migrants.
See the table below:
| CATEGORY | REFUGEES | MIGRANTS |
|---|---|---|
| Legislation | Refugee protection under international law is based on the 1951 UN Convention relating to the Status of Refugees, its 1967 Protocol, and the 1984 Cartagena Declaration. Refugees are also protected by various other human rights and humanitarian treaties. In Brazil, Law No. 9.474/1997, known as the “Brazilian Refugee Law,” is the primary legal framework for refugees. Refugees are also protected by the 1988 Constitution and several national laws addressing economic, social, cultural, environmental, civil, and political rights. | Migrants are protected by international human rights law, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. However, there is no international treaty specifically defining “migrant” or comprehensively addressing their rights and obligations. In Brazil, Law No. 13.445/2017, known as the “Brazilian Migration Law,” is the main framework. Migrants are also protected by the 1988 Constitution and various other national laws. |
| Non-refoulement (no return to country of origin) | Refugees and asylum seekers cannot be returned to a country where their life or rights are at risk. The only exception is when the person poses a proven serious threat to national security or public order in Brazil. | A migrant’s return to their country is governed by the national migration legislation, mainly Law No. 13.445/2017 and Decree No. 9.199/2017. |
| Extradition | A recognized refugee cannot be extradited for persecution-related reasons. An asylum request suspends any pending extradition process until a final decision is made. | For migrants, extradition processes are not suspended. The decision lies solely with the Brazilian Supreme Court, and immigration status does not affect the ruling. |
| Entry and admission | Given refugees’ exceptional situation, missing or falsified documents, visas, or entry permits, if properly justified, do not prevent entry into Brazil. Any administrative or criminal proceedings for irregular entry must be suspended and archived if refugee status is granted. | Migrants must enter Brazil through regular means, including applying for a visa if required. |
| Documentation requirements | Refugee documentation can begin even without documents from the country of origin. However, any documents that help prove nationality, rights violations, or persecution should be presented when possible. | Migrants must present a set of documents, including those from their country of origin. Requirements are listed on the Federal Police website. |
| Timeframe to start documentation process | Asylum should ideally be requested as soon as possible after arrival in Brazil, but there is no legal deadline. | Migrants must regularize their status within 90 days of arrival, or they may face fines. |
| Document flexibility | Refugees are not required to provide documents from their country of origin (e.g., passport, birth certificate, criminal records) to perform civil acts (e.g., marriage, school registration, bank account opening). | Migrants generally must present documents from their home country for civil acts, such as birth or marriage certificates, passport, and criminal records. |
| Diploma validation | Refugees benefit from facilitated procedures for diploma and academic certificate validation, which may include testing instead of full revalidation, document translation waivers, or fee exemptions. | For migrants, such facilitations depend on university policies, and there is no provision in the Migration Law for this kind of support. |
| Passport | Recognized refugees in Brazil are entitled to a passport issued by the Brazilian government, commonly known as the “yellow passport.” | The Federal Police may issue passports to foreigners, depending on individual assessment. |
| Naturalization | Refugees can apply for Brazilian citizenship after 4 years, counted from the date of asylum application. They do not need to present documents from their country of origin (e.g., criminal records) for naturalization. | Migrants can apply for naturalization after 4 years, but this period starts after obtaining permanent residence, which in turn requires 2 years of temporary residence and meeting legal criteria. Migrants must present documents from their country of origin. |
| Bringing family to Brazil | Recognized refugees can request a family reunification visa for relatives immediately after being granted refugee status. If from a bordering country, no visa is needed. | Migrants with permanent residence (after 2 years of temporary status) can request a family reunification visa. Bordering-country nationals are exempt from the visa requirement. |
| Family reunification | Refugees’ relatives may remain in Brazil by requesting a family reunification residence or by applying to extend refugee status. The list of eligible relatives is broader than for migrants (up to fourth-degree and in-laws). | Migrants with permanent residence can request family reunification for relatives already in Brazil. The list of eligible relatives is more limited, including spouses, ascendants, descendants, and up to second-degree relatives. |
| ID document | Asylum seekers receive a Refugee Protocol and Provisional National Migratory Registry Document (DPRNM), which must be renewed yearly until the final decision. Recognized refugees receive a National Migratory Registry Card (CRNM) valid indefinitely. | Migrants with humanitarian residence receive a National Migratory Registry Card (CRNM) valid for 2 years, renewable to permanent status if legal criteria are met. |
| Waiting time | The Refugee Protocol is issued immediately, ensuring legal status in Brazil. However, there’s no deadline for the refugee status decision. Some profiles/nationalities are eligible for expedited procedures by CONARE. | There is no legal timeframe for completing the migrant registry. If all documents and criteria are met, registration and issuance are done immediately by the Federal Police. |
| Travel authorization | Asylum seekers must notify CONARE of international travel to ensure their process continues upon return. Refugees can travel without official authorization if they use their Brazilian-issued passport. However, authorization is required if: (1) traveling to their country of origin; (2) traveling anywhere for more than 12 months; or (3) using their national passport. Entry and exit must always be through official immigration control. | Migrants do not need to request travel authorization. However, to maintain legal status in Brazil, they must: (1) leave and re-enter through official immigration control; (2) have a valid travel document; (3) hold a valid CRNM; and (4) avoid staying abroad for more than 90 days in a 12-month period if seeking permanent residence. |