Laws For everyday life
Refugee: Legal definition
REFUGEE is a legal term used to describe a person who fulfils the definition set out in the Geneva Convention of 1951 relating to the status of refugees. The Geneva Convention contains the internationally recognised definition of a refugee, and this definition is applied by all countries who have signed the Convention.
A total of 147 states are parties to the 1951 Convention relating to the Status of Refugees (the Refugee Convention) or its Protocol - the main international instruments protecting refugees. The Convention says that in order to be recognised as a refugee a person has to show that:
"Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his country of nationality and is unable or, owing to such fear is unwilling to avail himself of the protection of that country; or who, not having a nationality and bring outside the country of his former habitual residence as a result o such events, is unable or, owing to such fear is unwilling to return to it."
This definition can be broken down into various parts. In order to make a successfully asylum application you will need to show that each of the parts apply to you. If you cannot show that all the different parts apply to you then you will not be able to make a successful application.
Well-founded fear: This means that you must be genuinely afraid of return to your country of nationality or habitual residence, and that fear must be what any ordinary person would fear when considering the information available about the situation in the country of origin. The fear must be viewed in context.
Persecution: There is no definition of “persecution” in the Convention itself, but we understand it to mean a threat to the person's life or freedom, or other serious human rights violations. It can also be the result of a series of less serious elements which taken together form a pattern of treatment which amounts to persecution. Discrimination alone will not necessarily amount to persecution, but if the discrimination makes it very difficult, or even impossible for you to earn a living, practice your religion or access normally available benefits such as education, then it may amount to persecution. Fleeing prosecution for a criminal offence will not ordinarily amount to persecution, unless the law in the country of origin is discriminatory or is applied in a discriminatory manner.
For reasons of race, religion, nationality, membership of a particular social group or political opinion: These are known as the “Convention Reasons”. Unless the persecution suffered falls within one of these definitions, you are not a refugee, even if you have been persecuted or severely ill-treated. If all of the other parts of the definition apply to you, but this one doesn't then you may be able to make an application for Humanitarian Protection.
Is outside the country of nationality: This is a vital ingredient. You cannot be a refugee whilst still in your country of origin. You have to escape your country and apply for asylum in another country in order to fall within the definition in the Geneva Convention. A person who has more than one nationality must show that she satisfies the definition of a refugee for each country of which he holds nationality.
Is unable or, owing to such fear is unwilling to avail himself of the protection of that country: For you to be unable to obtain protection from your country of origin, there has to be something beyond your control which prevents you from doing this, for instance civil war or other disturbance, or because the authorities of the country of origin have refused your request for protection. If you are unwilling to avail yourself of the protection of your country of origin you must be unwilling as a result of your well-founded fear persecution for a Convention reason, and so this refers back to the earlier part of the definition. In order to be successful you will have to show that the danger to you exists everywhere in your country, and there is nowhere safe for you to go. If there is somewhere in your own country where you could be safe then the Home Office will state that you should seek protection there, before seeking protection outside your country of origin.
Compiled by Law Desk.
