Asylum and refugee status
Refugees are people who have fled their countries to escape conflict, violence, or persecution and are seeking safety in another country and are entitled to international protection.
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What is asylum?
Asylum is the protection granted by a State to persons who are outside their own country of nationality or habitual residence, and are seeking safety from persecution, serious harm, or for other compelling reasons.
This protection includes a range of elements such as protection from being returned to danger (non-refoulement), permission to remain in the asylum country, humane treatment, and access to durable solutions.
To determine whether someone qualifies for asylum, individuals usually undergo a process called Refugee Status Determination (RSD).
Who can apply for asylum?
Seeking asylum is a human right and every person in the world has the right to apply for asylum if they are fleeing conflict, violence, persecution or other serious events compelling them to leave their own country and seek refuge elsewhere.
Where can I apply for asylum?
In many countries national authorities are responsible for receiving and registering asylum applications. In some countries, however, UNHCR may be the one examining asylum applications. In this case, applications may be lodged with UNHCR.
If you do not know who is responsible for receiving and registering asylum applications in the country where you are, please check with the UNHCR office in that country.
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Who decides who is a refugee?
People will usually go through a process known as refugee status determination or an asylum procedure to establish whether their circumstances make them a refugee. States have the primary responsibility to determine whether a person is a refugee.
States establish their own procedures for examining and deciding on asylum applications. In countries where there is a national asylum procedure, UNHCR is not in principle part of the procedure but may offer advice and/or technical support.
In some countries, however, UNHCR may be the one examining asylum applications. This occurs where a State is not a party to the 1951 Refugee Convention and/or does not have a fair and efficient national asylum procedure in place.
What is refugee status determination?
Refugee Status Determination, or RSD, is the legal or administrative process by which governments or UNHCR determine whether a person seeking international protection is considered a refugee under international, regional or national law.
Refugee status is declaratory, meaning that a person is a refugee from the moment they meet the refugee criteria set out in international refugee law, regardless of whether their status has been formally recognized by a competent authority. However, RSD is a vital process in helping refugees have their refugee status recognized and providing access to associated rights.
The refugee status determination process varies depending on the context and the responsible authority, but it generally consists of three main stages:
1Registration
An initial registration or application stage, during which biographical and other relevant data are collected.
2Interview
A personal interview stage, where the applicant’s reasons for fleeing their country of origin are explored.
3Decision
A decision-making stage, where the claim is assessed and a determination is made to either grant or deny refugee status.
What is the difference between a refugee and a migrant?
Refugees are persons outside their countries of origin who are in need (and entitled to) of international protection because of feared persecution, or a serious threat to their life, physical integrity or freedom in their country of origin as a result of persecution, armed conflict, violence or serious public disorder. Refugees no longer have the protection of their own country and cannot safely return there.
The 1951 Refugee Convention contains the foundational definition of who is a refugee and outlines the basic rights which countries should afford refugees. One of the most fundamental principles laid down in international law is that refugees should not be expelled or returned to situations where their life and freedom would be under threat (the principle of non-refoulement).
In contrast, migrants choose to move not because of a direct threat of persecution or serious human rights violations, but for a range of other reasons. This can include seeking to improve their lives by finding work, or in some cases, for education, family reunion, or other reasons. Unlike refugees who cannot safely return home, migrants face no such impediment to return. If they choose to return home, they will continue to receive the protection of their government.
Refugees are defined and protected under international law. The 1951 Refugee Convention and its 1967 Protocol as well as other legal texts, such as the 1969 OAU Refugee Convention, remain the cornerstone of modern refugee protection. The legal principles they enshrine are reflected in many other international, regional, and national laws and practices.