Definitions

There are are different legal statuses for asylum seekers and refugees in the UK. They have different right and entitlements. Below are definitions of:

• Refugee status
• Asylum seekers
• Other forms of protective leave

Refugee status

Refugee status is defined by the 1951 Geneva Convention (United Nations 1951 Convention relating to the Status of Refugees), amended by the 1967 Protocol. The UK is bound by this convention. To be recognised as a refugee a person must be outside their country of origin or habitual residence and have a well founded fear of persecution for one of the following reasons:

• race
• religion
• nationality
• membership of a particular social group
• political opinion

They must also be unable or unwilling to obtain the protection of their country of nationality or habitual residence. In the UK a person is only recognised as a refugee when their application has been accepted by the Home Office. 

Since April 2006 refugees will be given temporary status for five years with permanent status only granted if they are still considered to be at risk at the end of this period. Formerly people with refugee status were allowed to remain indefinitely. This legislative change has been criticised for generating uncertainty and being incompatible with refugee integration policies.

Asylum seeker

An asylum seeker is a person who has submitted an application for refugee status under the Geneva Convention and is waiting for their claim to be determined. They may have asylum seeker status for several years until their claim is resolved.

Other forms of protective leave

The Home Office may recognise a need for protection exists even where a person does not fall under the Convention refugee definition. In these cases a person may be granted humanitarian protection or discretionary leave. Humanitarian protection grants leave for 5 years to people facing breaches of human rights under Article 3 of the
European Convention on Human Rights (ECHR) relating to inhuman or degrading treatment or punishment. Discretionary leave grants leave for three years under Article 8 of the ECHR which covers the right to private and family life. Unaccompanied minors are granted discretionary leave until they reach age 18. Humanitarian protection and discretionary leave replaced exceptional leave to remain in 2003.

The Convention refugee definition has been criticised for recognising persecution only for a limited set of reasons. In particular persecution based on gender or sexuality is not explicitly recognised. Case law has incorporated these persecution grounds into the Convention refugee definition as ·membership of a particular social group·. However, this remains restricted to a limited range of circumstances.

For more information on rights to refugee status and asylum see:

Text of UN Convention and Protocol relating to the status of refugees

ICAR Navigation Guide No: 3: UK Asylum Law And Process 
http://www.icar.org.uk/?lid=7079

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