Who is a refugee?
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How many times have you had the chance to interact with an asylum seeker or a refugee? How much do you know about their problems at home? Have you ever listened to a refugee telling his or her story of why he or she had to leave his or her country of origin? Do you know what makes a refugee a refugee? What is the difference with an asylum seeker?
The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. The 1967 Protocol removed geographical and temporal restrictions from the Convention.
Article 1 of the Convention defines a refugee as:
"A PERSON WHO IS OUTSIDE HIS/HER COUNTRY OF NATIONALITY OR HABITUAL RESIDENCE; HAS A WELL-FOUNDED FEAR OF PERSECUTION BECAUSE OF HIS/HER RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A PARTICULAR SOCIAL GROUP OR POLITICAL OPINION; AND IS UNABLE OR UNWILLING TO AVAIL HIMSELF/HERSELF OF THE PROTECTION OF THAT COUNTRY, OR TO RETURN THERE, FOR FEAR OF PERSECUTION."
Refugees who ask for protection under the Refugee Convention in the UK are called “asylum-seekers.” The authorities - the Home Office - assess their claim against the Convention and decide whether they will officially recognise the person as a refugee. In the UK, recognised refugees are awarded Indefinite Leave to Remain as a Refugee (ILR). Those who are not recognised as refugees, within the terms of the Refugee Convention, but who can never the less demonstrate that they have a need for international protection or have other compelling reasons for not being removed, may be granted Humanitarian Protection (HP) or Discretionary Leave (DL). These forms of leave replace what was previously called Exceptional Leave to Remain (ELR).