| Total population | |
|---|---|
| 2.9 million [1] | |
| Regions with significant populations | |
| Venezuela | 264,000 |
| Afghanistan | 208,500 |
| Cuba | 194,700 |
| Nicaragua | 165,800 |
| Ukraine | 152,000 |
| Syria | 147,600 |
| Colombia | 90,500 |
| Honduras | 79,700 |
| Haiti | 73,500 |
| Turkey | 71,800 |
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who is making a claim to have been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. [2] The terms asylum seeker, refugee and illegal immigrant are often confused.
A person becomes an asylum seeker by making a formal application for the right to remain in another country and keeps that status until the application has been concluded. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted protection and become an officially recognized refugee or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported.
In North American English, the term asylee is also used. An asylee can either be an asylum seeker, as defined above, or a person whose claim for asylum was accepted and asylum was granted. [3] On average, about 1 million people apply for asylum every year. [4]
The asylum seeker may be recognised as a refugee and given refugee status if their circumstances fall into the definition of refugee according to the 1951 Refugee Convention [2] or other refugee laws—such as the European Convention on Human Rights, if asylum is claimed within the European Union. However, signatories to the refugee convention create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country.
Asylum as an institution is not restricted to the category of individuals who qualify for refugee status. On the contrary, this institution predates the birth of the international regime for the protection of refugees.
Asylum seekers who have committed crimes against peace, a war crime or a crime against humanity, or other serious non-political crimes, or whose actions are contrary to the purposes and principles of the United Nations, are excluded from international protection. [5]
The 1951 Convention, in Article 1, endorses a single definition of the term "refugee". Its emphasis is on protection from political or other forms of persecution. The Convention defines a refugee as:
someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. [6]
As of 1 July 2013, there were 145 parties to the 1951 Refugee Convention and 146 to the 1967 Protocol. These states are bound by an obligation under international law to grant asylum to people who fall within the definition of Convention and Protocol. [7] The refugee definitions of 1951 and 1967 are the strictest and most exclusive and persons who fall within this definition are called Convention refugees and their status is called Convention refugee status. Persons who do not fall within this definition may still be granted complementary forms of protection, if they fall within other refugee definitions.
The practical determination of whether a person is a refugee or not is most often left to certain government agencies within the host country. In some countries the refugee status determination (RSD) is done by the UNHCR. The burden of substantiating an asylum claim lies with the claimant, who must establish that they qualify for protection. [8] [9]
In many countries, country-of-origin information is used by migration officials as part of the assessment of asylum claims, and governments commission research into the accuracy of their country reports. Some countries have studied the rejection rates of their migration officials making decisions, finding that individuals reject more applicants than others assessing similar cases—and migration officials are required to standardise the reasons for accepting or rejecting claims, so that the decision of one adjudicator is consistent with what their colleagues decide. [10]
The refugee definition of the 1951 Convention is universally binding, but there are many other definitions according to which protection may be offered to people who do not fall within this definition.
Subsidiary protection is an international protection for persons seeking asylum who do not qualify as refugees. It is an option to get asylum for those who do not have a well-founded fear of persecution (which is required for refugee status according to the 1951 Convention), but do indeed have a substantial risk to be subjected to torture or to a serious harm if they are returned to their country of origin, for reasons that include war, violence, conflict and massive violations of human rights. [11] The Universal Declaration of Human Rights and European Union law have a broader definition of who is entitled to asylum.
Temporary protection visas are used to persons in Australia who applied for refugee status after making an unauthorised arrival. It is the main type of visa issued to refugees when released from Australian immigration detention facilities and they are required to reapply for it every three years.
| Decisions | 2014 [12] | 2013 [13] | 2012 [14] | 2011 [15] | 2010 [16] | 2009 [17] | 2008 [18] | 2007 [19] |
|---|---|---|---|---|---|---|---|---|
| Convention refugee status | 286,723 | 213,723 | 210,851 | 172,566 | 175,163 | 225,112 | 148,241 | 149,133 |
| Complementary protection status | 339,783 | 72,832 | 51,058 | 43,945 | 47,822 | 49,430 | 62,726 | 60,048 |
| Rejected | 434,850 | 376,181 | 437,969 | 360,746 | 356,154 | 310,945 | 304,811 | 259,982 |
| Otherwise closed | 349,440 | 219,461 | 205,351 | 192,472 | 153,016 | 158,219 | 148,001 | 170,704 |
| Total | 1,410,796 | 881,197 | 915,023 | 770,406 | 732,155 | 743,205 | 669,316 | 639,844 |
Asylum seekers may be given refugee status on a group basis. Refugees who went through the group status determination are also referred to as prima facie refugees. This is done in situations when the reasons for seeking refugee status are generally well known and individual assessment would otherwise overwhelm the capacities of assessors. Group determination is more readily done in states that not only have accepted the refugee definition of the 1951 Convention, but also use a refugee definition that includes people fleeing indiscriminate or generalized violence, which are not covered in the 1951 Convention. [20]
For persons who do not come into the country as part of a bigger group, individual asylum interviews are conducted to establish whether the person has sufficient reasons for seeking asylum. Meanwhile, high numbers of asylum seekers necessitate governments to provide machine learning systems to assist both asylum seekers and immigration officers in performing fair and just assessments. [21]
In many countries, asylum applicants can challenge a rejection by challenging the decision in a court or migration review panel. In the United Kingdom, more than one in four decisions to refuse an asylum seeker protection are overturned by immigration judges. [22]
Whilst waiting for a decision asylum seekers have limited rights in the country of asylum. In most countries they are not allowed to work and in some countries not even to volunteer. In some countries they are not allowed to move freely within the country.[ citation needed ] Even access to health care is limited. In the European Union, those who have yet to be granted official status as refugees and are still within the asylum process have some restricted rights to healthcare access. [23] This includes access to medical and psychological care. [23] However, these may vary depending on the host country. For instance, under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz) in Germany, asylum seekers are outside primary care and are limited to emergency health care, vaccinations, pregnancy and childbirth with limitations on specialty care. [23] Asylum seekers have greater chance of experiencing unmet health needs as compared to the general German population. Asylum seekers also have greater odds of hospital admissions and at least one visit to a psychotherapist relative to the German general population.[ citation needed ]
Research suggests cross-sector collaboration is key to assist refugees and asylum seekers resettle and integrate into receiving communities, workplaces and schools. [24] [25] [26] [27]
Non-governmental organizations concerned with refugees and asylum seekers have pointed out difficulties for displaced persons to seek asylum in industrialized countries. As the immigration policy in many countries often focuses on the fight of illegal immigration and the strengthening of border controls, it deters displaced persons from entering territory in which they could lodge an asylum claim. The lack of opportunities to legally access the asylum procedures can force displaced persons to undertake often expensive and hazardous attempts at illegal entry.
In recent years, the public as well as policy makers of many countries are focusing more and more on refugees arriving through third country resettlement and pay less and less attention to asylum seekers and those who have already been granted refugee status but did not come through resettlement. Asylum seekers have even been referred to as 'queue jumpers', because they did not wait for their chance to be resettled. [28]
Legal interpreters are assigned to assist asylum seekers throughout interviews and court proceedings. These legal interpreters reflect the training they received in the training program they were certified in. The accuracy of the legal interpretation may vary depending on the training received from the interpreter and potential biases they carry coming into the interpreting session. Lack of training in asylum settings may influence interpretation sessions. [29]
Quality of life of asylum seekers and refugees is highly correlated with the mental health status. The presence of mental disorders like depression or PTSD is mainly due to the forced migration and the resettlement in host countries. [30]
Asylum seekers encounter significant challenges in effectively conveying their traumatic experiences during the asylum application process. A comprehensive study by Sarah C. Bishop, examining nonverbal communication in US asylum interviews and hearings, highlights several critical elements influencing asylum seekers' ability to articulate their narratives. [31]
The study underscores the complexity of asylum seekers' narratives, often shaped by emotional distress and the need to recount traumatic events within strict timelines. This pressure contributes to fragmented storytelling. This case leads to difficulties in presenting a coherent account of their experiences. [31]
Language barriers further compound these challenges. Asylum seekers' linguistic disparities and stress during interviews impede their ability to articulate experiences accurately. Stress-induced memory lapses contribute to incomplete or non-sequential storytelling, affecting the quality and coherence of their narratives. [31]
Additionally, the study delves into nonverbal communication complexities, particularly regarding eye contact and credibility within asylum hearings. Cultural variations in eye contact influence credibility assessments, potentially leading to misinterpretations by immigration personnel. Differing cultural expectations impact asylum seekers' credibility assessments, potentially affecting the outcomes of their claims. [31]
Because asylum seekers often have to wait for months or years for the results of their asylum applications and because they are usually not allowed to work and only receive minimal or no financial support, destitution is a considerable risk.[ citation needed ]
Asylum seekers usually get some kind of support from governments whilst their application is processed. However, in some countries this support ends immediately once they are given refugee status. But the fact that they were given refugee status does not mean that they were already given all the documents they need for starting their new lives. [32] Long waiting times significantly reduce the likelihood to obtain a job and the social integration of refugees. [30]
It often happens that the country neither recognizes the refugee status of the asylum seekers nor sees them as legitimate migrants and thus treats them as illegal aliens. If an asylum claim has been rejected, the asylum seeker is said to be refused asylum, and called a failed asylum seeker. Some failed asylum seekers are allowed to remain temporarily, some return home voluntarily and some are forcibly returned. The latter are most often placed in immigration detention before being deported.
In some cases in which asylum is not granted, the applicant is given the right to remain temporarily. In the UK, refused cases may be granted humanitarian protection (usually for five years) or discretionary leave to remain.
A refugee, conventionally speaking, is a person who has lost the protection of their country of origin and who cannot or is unwilling to return there due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum.
Forced displacement is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The right of asylum is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
Refugees in Hong Kong have formed historic waves arriving in the city due to wars in the region and Hong Kong's historical role as a trading and transit entrepôt. More recently those seeking asylum or protection based on torture claims are a fast growing part of the city's population, increasing since 2004 due to changes in the legal system for considering asylum and torture claims mandated by local courts.
The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.
Since the late 1970s until the present, Iraq has witnessed numerous waves of refugees and emigrants due to significant events in its modern history. These events have led to the displacement of millions of Iraqis. These include over three decades of repression, periodic violent attacks, and massacres targeting the Kurdish population in the north and the Shi'a in the south, all carried out by Saddam Hussein's regime. Other factors include the Iran-Iraq War (1980-1988), the Gulf War of 1991, the prolonged economic sanctions until the overthrow of Saddam Hussein, and the 2003 US-led invasion of Iraq.
The United Nations High Commissioner for Refugees Representation in Cyprus is an office of the United Nations High Commissioner for Refugees (UNHCR) opened in August 1974 upon the request of the Government of Cyprus and the Secretary-General of the United Nations. UNHCR Representation in Cyprus was designated as Coordinator of the United Nations Humanitarian Assistance for Cyprus. UNHCR was also responsible upon the request of the Cyprus Government to examine applications for refugee status.
The Office of Immigration Statistics (OIS) is an agency of the United States Department of Homeland Security under the Office of Strategy, Policy, and Plans.
The Gateway Protection Programme was a refugee resettlement scheme operated by the Government of the United Kingdom in partnership with the United Nations High Commissioner for Refugees (UNHCR) and co-funded by the European Union (EU), offering a legal route for a quota of UNHCR-identified refugees to be resettled in the UK. Following a proposal by the British Home Secretary, David Blunkett, in October 2001, the legal basis was established by the Nationality, Immigration and Asylum Act 2002 and the programme itself launched in March 2004. The programme enjoyed broad support from the UK's main political parties.
Sudanese refugees in Israel refers to citizens of Sudan who have sought refuge in Israel due to military conflict at home, and to those who moved there illegally as migrant workers. In 2008, there were 4,000 Sudanese in Israel, 1,200 from Darfur and the remainder Christians from South Sudan. The majority entered through the Israeli-Egypt border. Most live in Tel Aviv, Arad, Eilat and Bnei Brak.
Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.
Asylum in Australia has been granted to many refugees since 1945, when half a million Europeans displaced by World War II were given asylum. Since then, there have been periodic waves of asylum seekers from South East Asia and the Middle East, with government policy and public opinion changing over the years.
LGBT migration is the movement of lesbian, gay, bisexual and transgender(LGBT) people around the world and domestically, often to escape discrimination or ill treatment due to their sexuality. Globally, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.
A refugee crisis can refer to difficulties and dangerous situations in the reception of large groups of forcibly displaced persons. These could be either internally displaced, refugees, asylum seekers or any other huge groups of migrants.
Particular social group (PSG) is one of five categories that may be used to claim refugee status according to two key United Nations documents: the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. The other four categories are race, religion, nationality, and political opinion. As the most ambiguous and open-ended of the categories, the PSG category has been the subject of considerable debate and controversy in refugee law. Note that just as with the other four categories, membership in a PSG is not sufficient grounds for being granted refugee status. Rather, to be granted refugee status, one must both demonstrate membership in one of the five categories and a nexus between that membership and persecution one is facing or risks facing.
Third country resettlement or refugee resettlement is, according to the UNHCR, one of three durable solutions for refugees who fled their home country. Resettled refugees have the right to reside long-term or permanent in the country of resettlement and may also have the right to become citizens of that country.
Voluntary return or voluntary repatriation is usually the return of an illegal immigrant or over-stayer, a rejected asylum seeker, a refugee or displaced person, or an unaccompanied minor; sometimes it is the emigration of a second-generation immigrant who makes an autonomous decision to return to their ethnic homeland when they are unable or unwilling to remain in the host country.
| Authority control databases: National |
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