Who are refugees and asylum seekers?
Who are refugees?
A refugee is a person who "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 the country of his nationality,
and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…" Article
1, The 1951 Convention Relating to the Status of Refugees
The most important parts of the refugee definition are:
- Refugees have to be outside their country of origin
- The reason for their flight has to be a fear of persecution
- The fear of persecution has to be well-founded
- The persecution has to result from one or more of the 5 grounds listed in the definition, that is race, religion, nationality, membership of a particular social group, or political opinion
- They have to be unwilling or unable to seek the protection of their country
Who are asylum seekers?
Refugees should not be confused with asylum seekers - the two terms have different legal definitions. The term refugee is a very specific definition covering only people who have fled their homeland and sought sanctuary in a second country. However, there are millions of people in similar desperate circumstances but who do not legally qualify as refugees and are therefore not eligible for normal relief or protection.
An asylum seeker, also called a Refugee Claimant, is a person who has left their country of origin, has applied for recognition as a refugee in another country, and is awaiting a decision on their application.
www.unhcr.org.au/basicdef.shtml
There are asylum seekers who, fearing persecution in their country of origin, have managed to come to Australia and lodge an application with the Department of Immigration and Citizenship (DIAC) to be recognised as a refugee in the hope of gaining protection from the Australian Government.
