Asylum & refugees

The Convention Relating to the Status of Refugees was adopted on 28 July 1951 and entered into force on 22 April 1954. The Convention and the 1967 Protocol relating to the Status of Refugees serve as the basis for international refugee law.

Who is asylum seeker?

An individual that has submitted a formal request for refugee status with the competent national authorities and who is awaiting the results from the examination of his/her file.

Who is refugee?

any person who, . . . owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. . . .

Who is excluded from refugee status?

The provisions of the Refugee Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

1. he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
2. he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
3. he has been guilty of acts contrary to the purposes and principles of the United Nations. 

Rights of asylum seekers & refugees

• The right to seek asylum in another Country
• The right to submit a request for asylum before the appropriate authorities
• The right of refugees to have their request examined by the appropriate national authorities
• The right not to be expelled or returned to their state of origin as long as there is a threat to their safety (principle of non-refoulement)

Rights of refugees

Once their case has been examined, the individuals who come under the definition of the 1951 Refugee Convention obtain a juridical status that usually gives them rights similar to those of the citizens of the State in question. The legal status thus obtained—recognition of the person’s refugee status in a territory of asylum—is defined by the national laws of the country in question. Nevertheless, the Refugee Convention enumerates the main rights that must be granted to refugees by the national laws of each country:

• The personal status of a refugee shall be recognized and governed by the law of the country of asylum.
• Refugees shall have the right to movable and immovable property.
• They shall enjoy the right to the protection of industrial and intellectual (artistic) property.
• They shall enjoy the right of association.
• They shall have free access to, and rights before, courts.
• States shall grant refugees the most favorable treatment granted to nationals of a foreign country, with regard to the right to engage in wage-earning employment, self-employment, or liberal professions.
• Where a rationing system exists, refugees shall receive the same treatment as nationals.
• With regard to housing, States shall treat refugees as favorably as possible.
• With regard to public education and public assistance, States shall treat refugees in the same way as nationals.
• In terms of labor laws and social security, refugees shall enjoy the same treatment as nationals.
• As explained earlier, refugees have the right to submit a request for asylum to the competent national authorities that, under the supervision of UNHCR, must deliver or ensure the delivery of “such documents or certifications as would normally be delivered to aliens by or through their national authorities.” Such documents replace the official instruments delivered by the national authorities and shall be given credence in the absence of proof to the contrary.
• Refugees shall have the right to choose their place of residence and to move freely within the territory where they have obtained refugee status.
• States must issue identity papers to any refugee in their territory who does not possess a valid travel document.
• States must issue travel documents for the purpose of travel outside the territory to refugees who are lawfully staying in their territory. States may also issue such travel documents to any other refugee who finds him- or herself in their territory, who is unable to obtain a travel document from the country of his or her lawful residence.
• Refugees must not be subject to higher taxes than nationals.
• States must allow refugees to transfer assets that they have brought into their territory to another country where they have been admitted for the purposes of resettlement.
• States shall not impose penalties on refugees who entered or are present illegally on their territory if they arrive directly from a territory where their life or freedom was threatened.
• States shall not expel or return ( refouler ) a refugee toward territories where his or her life or freedom would be threatened. The only derogation that is allowed concerns individuals who represent a danger to the national security of the State in question, or who, “having been convicted by a final judgment of a particularly serious crime, constitute a danger to the community of that country.” The expulsion of such a refugee shall be carried out only following a decision reached in accordance with due process of law. The refugee shall have the right to submit evidence to clear him- or herself, to appeal the decision, and to be represented before the competent authority. If the decision to expel the person is maintained, he or she shall be accorded a reasonable period within which to seek legal admission into another country.
• States must facilitate the assimilation and naturalization of refugees.