Practical, Administrative and Legal Perspectives

According to international refugee law, a refugee is someone who seeks refuge in a foreign country because of war and violence, or out of fear of persecution. We recognise persecution "on account of race, religion, nationality, political opinion, or membership in a particular social group" as grounds for seeking asylum. Until a request for refuge has been accepted, the person is referred to as an asylum seeker. It is only after formal recognition of the asylum seeker's protection needs that he or she is officially referred to as a refugee and enjoying refugee status, which carries certain rights and obligations according to the legislation of the receiving country.

The practical determination of whether a person is a refugee or not is generally left to government agencies within the host country. This can lead situations where the host country will neither recognise the refugee status of the asylum seeker nor see them as legitimate migrants and consequently treat them as illegal aliens.

On the other hand, fraudulent requests in an environment of lax enforcement could lead to improper classification as refugee, resulting in the diversion of resources from those with a genuine need. The percentage of asylum/refugee seekers who do not meet the international standards of special-needs refugee, and for whom resettlement is deemed proper, varies from country to country. Failed asylum applicants are most often deported, sometimes after imprisonment or detention, as in the United Kingdom.

A claim for asylum may also be made onshore, usually after making an unauthorized arrival. Some governments are tolerant and accepting of onshore asylum claims; other governments arrest or detain those who attempt to seek asylum, sometimes whilst processing their claims.

Non-governmental organisations concerned with refugees and asylum seekers have pointed out difficulties for displaced persons to seek asylum in industrialized countries. As their immigration policy often focuses on the fight of irregular migration and the strengthening of border controls it deters displaced persons from entering territory in which they could lodge an asylum claim. The lack of opportunities to legally access the asylum procedures can force asylum seekers to undertake often expensive and hazardous attempts at illegal entry.