1. Who is a refugee?
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their:
- race
- religion
- nationality
- membership of a particular social group or
- political opinion1
A person becomes a refugee under international law once she or he crosses an international border and is assessed as meeting the definition of a refugee, either by a national government or an international agency such as the United Nations High Commissioner for Refugees (UNHCR).http://www.unhcr.ch/cgi-bin/texis/vtx/home
In popular use, the term refugee is often interpreted more broadly than its legal definition to include all people who flee their homes seeking refuge from harm. There are many circumstances which could force someone to flee to safety, including war or civil strife, domestic violence, poverty and natural or man-made disasters. However, the Refugee Convention only recognises people as refugees if they are displaced from their home country because of persecution on the basis of their race, religion, nationality, membership of a particular social group or political opinion.
Two important points to note about this definition are:
- a person has to be outside their country of nationality or usual residence when making a refugee application; and
- the fear of persecution has to be well founded - that is, the person fleeing must have experienced the persecution or be likely to experience it if he or she returns.