What is the Difference Between Refugee and Asylum Seeker?

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The terms "refugee" and "asylum seeker" are often used interchangeably, but they have distinct differences:

  • Refugee: A refugee is a person who has fled their own country because they are at risk of serious harm or persecution due to factors such as race, religion, nationality, political opinion, or membership in a particular social group. Refugees have a right to international protection and are under the protection of international law, specifically the 1951 Refugee Convention.
  • Asylum Seeker: An asylum seeker is someone who has left their country and is seeking protection from persecution but who hasn’t yet been legally recognized as a refugee and is waiting to receive a decision on their asylum application. Every refugee is initially an asylum seeker, but not every asylum seeker will ultimately be recognized as a refugee, as the right to be recognized as a refugee is determined by law after an asylum seeker has applied for protection in the country of refuge.

Seeking asylum is a human right, which means everyone should be allowed to enter another country to seek asylum. The process of applying for asylum can take years, and asylum seekers have a right to seek international protection and must not be returned, either directly or indirectly, to a country where their lives or safety are at risk.

Comparative Table: Refugee vs Asylum Seeker

The main difference between a refugee and an asylum seeker lies in the stage of their application process and the recognition of their status. Here is a table highlighting the key differences:

Refugee Asylum Seeker
A refugee has fled their country of origin and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion[^1^]. An asylum seeker is an individual who is seeking international protection and has not yet had their claim for refugee status determined[^1^].
Refugees are legally recognized as such and are entitled to protection and assistance under international law[^1^]. Asylum seekers are in the process of applying for refugee status and are awaiting the evaluation of their claim[^1^].
Refugees may be resettled in third countries, where they may be granted asylum or some other form of long-term resident rights[^1^]. Asylum seekers may be denied refugee status after their claim has been evaluated, and they might not be entitled to refugee protection[^1^].

It is essential to understand the differences between refugees and asylum seekers, as these terms have a significant impact on the legal rights, support, and assistance they receive[^2^].