|
Terminology
Journalism
uses shortcuts to convey information. However, it helps to
be precise and consistent when using terms with legal definitions.
- Who is an asylum seeker?
-
Who is a refugee?
-
What about those fleeing
general conflict?
- Who is allowed to seek asylum?
-
Can those not granted refugee status
be sent home?
- Who are 'economic migrants'?
- What do you call someone who tries to enter the UK by unlawful means?
-
Who is an 'illegal immigrant''?
Who is an asylum seeker?
Anyone who has applied for asylum against persecution under
the 1951 UN Convention on Refugees, and is waiting for a decision.
Who is a refugee?
Anyone who has been granted asylum under the UN Convention,
to which the UK is a signatory along with 144 other countries.
The precise legal definition in Article 1 of the Convention
refers to a 'refugee' as a person who: "owing to a well-founded
fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group, or political opinion,
is outside the country of his nationality, and is unable or,
owing to such fear, is unwilling to avail himself of the protection
of that country."
What about those fleeing general conflict?
People who do not qualify for refugee status may be granted
humanitarian protection allowing them 'leave to remain' in
the UK for a defined or indefinite period, if they cannot
safely return to their home country. UNHCR describes these
people also as 'refugees'.
Who is allowed to seek asylum?
EVERYONE – It is a fundamental human right to request asylum under international law. There are no ‘illegal asylum seekers’. The term ‘bogus asylum-seeker’ is also inaccurate and misleading as it pre-judges the outcome of an asylum application – rather like describing a defendant as entering a ‘bogus plea of innocence’ during a trial.
Can those not granted refugee status or temporary
leave to remain be sent back home?
YES – The term ‘unsuccessful asylum seeker’ covers individuals who have exhausted all their legal avenues in seeking asylum. Unsuccessful asylum seekers are supposed to return home. However, their country of origin might refuse to accept returnees or return may not be possible or safe.
Who are 'economic migrants'?
Persons who leave their home country to seek work are economic migrants. The term could be applied to all those who obtain work permits from the government to fill labour shortages in the UK. UNHCR describes a ‘migrant’ as someone who makes a conscious, voluntary choice to leave their country of origin. When they want to, they can return home in safety.
What do you call someone who tries to enter the UK by unlawful means?
Some persons smuggled into the UK (hidden in lorries, etc.) will be seeking asylum, some employment, but it is inaccurate to categorise them all as ‘asylum-seekers’ or ‘economic migrants’ since their reasons for arrival cannot be known. ‘Irregular migrants’ might be a more accurate and less confusing term to describe these persons. People-smugglers are committing a crime but their clientele may not be.
Who is an 'illegal immigrant'?
The term ‘illegal immigrant’ could apply to people who can be shown to have:
• entered the country illegally, without permission from an Immigration Officer, who then continue to reside in the UK without contacting the authorities or making an asylum application; OR
• entered the country legally, with all the necessary documents, but then disregarded limits placed on their length of stay (‘overstayers’).
Note: Asylum seekers have registered with the Home Office and are allowed to remain in the UK while their claim is being considered. The 1951 Refugee Convention acknowledges that someone fleeing persecution may enter a country by irregular means (and often without any documents) in order to claim asylum. They are therefore not ‘illegal immigrants’.
For
the full text of this leaflet click here
Back
to top
|
