A refugee is a person who has been forced to leave their home country because they cannot obtain protection there. They have a well-founded fear of persecution based on factors such as race, nationality, religion, political opinion, or membership in a particular social group. As a result, they are unable or unwilling to return to their country of origin.

Refugee status is considered declarative, meaning that a person becomes a refugee as soon as they meet the criteria set out in international law. Official recognition by a state or authority does not create refugee status; it simply acknowledges an existing condition.

Legal Definition of a Refugee

Article 1A(2) of the 1951 Refugee Convention and its 1967 Protocol defines a refugee as a person who, owing to a well-founded fear of persecution because of their race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of nationality and is unable or unwilling to seek that country’s protection. The definition also applies to stateless persons who are outside their former country of habitual residence and are unable or unwilling to return for the same reasons.

At the international level, refugee protection and status determination are overseen by the United Nations High Commissioner for Refugees (UNHCR). In countries where UNHCR is responsible for processing asylum claims, applicants must meet the criteria established by the 1951 Refugee Convention to be recognized as refugees.

In countries that have their own refugee laws and national authorities responsible for asylum decisions, the legal definition of a refugee may differ and can be either broader or narrower than the international definition.

Durable Solutions for Refugees

Refugees generally have three possible long-term solutions:

Local integration – settling permanently and becoming part of the society of the host country where they sought protection.

Voluntary repatriation – returning to their country of origin when conditions are safe and suitable.

Resettlement – moving to and establishing a new life in a third country.

An asylum seeker is a person who has formally applied for asylum or registered a claim with a national authority or the United Nations High Commissioner for Refugees (UNHCR) in a country other than their own. By doing so, they are exercising their right to seek recognition as a refugee and to obtain legal protection and humanitarian assistance.

To be granted protection, an asylum seeker must generally meet the criteria of a refugee and demonstrate that their fear of persecution in their country of origin is well-founded. A person remains an asylum seeker throughout the asylum determination process until a final decision is made by the host state or UNHCR regarding their claim.

Legal Definition of an Asylum Seeker

An asylum seeker is a person who has left their country of origin and applied for international protection in another country but whose claim for refugee status has not yet been determined. While the term “asylum seeker” is not formally defined in the 1951 Convention Relating to the Status of Refugees, it is widely used in international law and practice to describe individuals seeking recognition as refugees and awaiting a decision on their application.

Like refugees, internally displaced persons (IDPs) are individuals who have been forced to leave their homes or places of habitual residence because of threats to their safety, security, or fundamental freedoms. However, unlike refugees, IDPs remain within the borders of their own country and do not cross an international boundary in search of protection. As a result, they do not fall within the definition of a refugee under the 1951 Refugee Convention and are therefore not covered by international refugee law.

During the 1990s, the growing number of internally displaced persons highlighted the need for a specific framework to address their protection. In response, the United Nations adopted the Guiding Principles on Internal Displacement in 1998. These principles establish 30 standards that outline the rights of IDPs and the responsibilities of governments and other authorities toward them.

Legal Definition of an IDP

According to the Guiding Principles on Internal Displacement, internally displaced persons are:

“Persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence, particularly as a result of, or in order to avoid, the effects of armed conflict, situations of generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized State border.”

This definition emphasizes that IDPs have been displaced for reasons similar to those that often force refugees to flee, but they remain within the territory of their own state.

A stateless person is defined by the 1954 Convention Relating to the Status of Stateless Persons as “a person who is not considered as a national by any State under the operation of its law.” In other words, a stateless person does not possess the nationality or citizenship of any country.

This broad definition encompasses a variety of situations in which individuals are denied or unable to acquire nationality. In some cases, the circumstances leading to statelessness may overlap with those that give rise to refugee status. As a result, a person may be both stateless and a refugee if they meet the criteria for refugee protection under international law.

Like refugees who possess a nationality, stateless individuals may qualify for refugee status if they have a well-founded fear of persecution and are unable or unwilling to return to their country of former habitual residence. Therefore, a stateless person can also be recognized and granted refugee status when the relevant legal requirements are met.

Legal Definition of a Stateless Person

Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons defines a stateless person as:

“A person who is not considered as a national by any State under the operation of its law.”

This definition serves as the foundation of international legal protection for stateless persons and distinguishes statelessness from refugee status, although the two conditions may sometimes coexist.