Who are Asylum Seekers and Refugees?

Asylum seekers
The terms asylum seeker and refugee are often confused. An asylum
seeker is someone who says that he or she is a refugee but whose claim
has not yet been assessed. A refugee is someone who has been assessed
by a national government or an international agency (such as the Office
of the High Commissioner for Refugees (UNHCR)) and meets the
criteria set out under the Convention relating to the Status of
Refugees 1951 (Refugee Convention). Whereas illegal immigrants are
people who have entered Australia legally to work or travel, but have
overstayed their visa
or have not met the conditions of their visa.
Who are asylum seekers?
An asylum seeker is someone who has fled their own country and applies
to the government of another country for protection as a refugee. As a
signatory to the Refugee Convention, Australia must comply with its
obligations and ensure that all those who make claims for protection
while in Australia have their claims assessed in accordance with the
Refugee Convention. A person is a refugee the moment he or she fulfils
the criteria of this Convention. When Australia grants a refugee visa it
does not establish but rather confirms their refugee status under
international law.
How many asylum seekers are there worldwide?
At the end of 2007 there were an estimated 740 000 individuals
worldwide waiting on a decision regarding their asylum claim.
Many asylum seekers make refugee applications in neighbouring
countries, while some apply in countries further afield. As mainland
Australia shares no land border with any other country and is far from
most major conflicts, relatively few people seek asylum here compared
to the United States and Europe. For example, in 2007 about 6303
people sought asylum in Australia. This compares with 50 700
applications in the United States, 45 600 in South Africa and 36 400 in
Sweden. In terms of the number of refugee visas granted, Ethiopia
recognised the largest number of their asylum applicants as refugees
(19 896), followed by the United States with 17 979, Malaysia with 14
156 and France with 12 928.
Who is a refugee?
The Refugee Convention and its 1967 Protocol are the bases of modern
refugee protection. The Refugee Convention defines who is and who is
not a refugee and sets out the basic rights which states should
guarantee to refugees. Australia is one of 146 signatories to the
Refugee Convention. According to the 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 opinion.
A person becomes a refugee under international law once he or she
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 UNHCR.

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 (or a well
founded fear of persecution) on the basis of their race, religion,
nationality and their membership of a particular social group or political
opinion.

Source: Australian Human Rights Commission – Face the Facts 2008

http://www.hreoc.gov.au/racial_discrimination/face_facts/chap3.html accessed
11/10/10

Questions:
1. What is an asylum seeker and a refugee and how do people
become asylum seekers and refugees?

2. What is the difference between an asylum seeker, a

refugee and an illegal immigrant?
3. What events may cause someone to flee their own country?
4. What is “The Refugee Convention” and its 1967 Protocols?
5. What are some reasons that a refugee maybe granted refugee
status?
6. Which countries receive refugees?
7. Draw a bar graph to compare the numbers quoted in this article.
8. Which country takes the most?
9. Which country accepts the least according to these figures?
10. What is one reason that Australia receives fewer refugees than
other larger countries?