International law refugees and asylum-seekers

  • Refugees types

    IRL provides a specific definition of refugee, safeguards the right to seek asylum, and protects against being forcibly returned to a country where one would face persecution (non-refoulement)..

  • Refugees types

    The Geneva Convention Related to the Status of Refugees is the main source of legal protections for refugees.
    IRL provides a specific definition of refugee, safeguards the right to seek asylum, and protects against being forcibly returned to a country where one would face persecution (non-refoulement)..

The Geneva Convention Related to the Status of Refugees is the main source of legal protections for refugees. IRL provides a specific definition of refugee, safeguards the right to seek asylum, and protects against being forcibly returned to a country where one would face persecution (non-refoulement).
Everyone has the right to seek asylum and be free from persecution, regardless of how or in what country they arrive. It is not illegal to seek asylum. This fundamental right is protected in international law by the Universal Declaration of Human Rights and the Refugee Convention.

Can you apply for asylum if you're a refugee?

The right to apply for asylum is enshrined in U.S. and international law.
The qualifications resemble those for refugee status, but asylum seekers follow a different process.
Asylum claims have reached record levels in recent years, though they dropped early in the COVID-19 pandemic.

Do asylum-seekers have rights?

Yes.
The Universal Declaration of Human Rights (UDHR) says:

  • “Everyone has the right to seek and enjoy in other countries asylum from persecution.” (Article 14) Asylum-seekers should be assumed to be refugees, unless or until they are found not to be in need of international protection.
  • Do refugees have a right to international protection?

    The risks to their safety and life were so great that they felt they had no choice but to leave and seek safety outside their country because their own government cannot or will not protect them from those dangers.
    Refugees have a right to international protection.
    Who is an asylum seeker? .

    What is refugee law?

    Refugee Law.
    Respect for the rule of law and human rights forms the essence of the protection of refugees, returnees and stateless persons.
    The Office of the United Nations High Commissioner for Refugees (UNHCR) has a mandate to provide international protection to refugees, including:

  • promoting the accession to international refugee..
  • What are the rights of asylum seekers?

    These include the right not to be returned to a place where they are at risk of persecution

    It also includes the right not to be penalised for being in or entering a country without permission where this is necessary for them to seek and receive asylum

    Providing asylum is a responsibility shared by all countries

    What is a UNHCR 'guardian' of a refugee?

    They are the cornerstone of refugee protection and the key legal documents that form the basis of UNHCR’s work

    The 1951 Convention provides the internationally recognized definition of a refugee and outlines the legal protection, rights and assistance a refugee is entitled to receive

    UNHCR serves as the ‘guardian’ of these documents

    Person who leaves their country of origin for another country and applies for refuge

    An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum in that other country.
    An asylum seeker is an immigrant who is making a claim to have been forcibly displaced and might have fled their home country because of war or other factors harming them or their family.
    If their case is accepted, they become considered a refugee.
    The terms asylum seeker, refugee and illegal immigrant are often confused.

    Refugee migration into New Zealand



    Refugees in New Zealand have two main pathways for gaining protection in the country.
    Asylum seekers may seek protection after arrival in New Zealand.
    Refugees may also be resettled from offshore through New Zealand's Refugee Quota Programme.
    In 2017/18 a community sponsorship pathway was trialled, extended from 2021.Refugees who have been resettled can apply to sponsor relatives to join them, though those being sponsored need not be refugees themselves

    Transgender people seeking refugee status

    Transgender asylum seekers are transgender-identifying people seeking refuge in another country due to stigmatization or persecution in their home countries.
    Because of their gender non-conformity, transgender asylum seekers face elevated risks to their mental and physical health than cisgender asylum seekers or those whose gender identity is the same as their sex assigned at birth, including higher risks of physical and sexual assault, torture, conversion therapy practices, and forced isolation.
    As a result, transgender people face challenges in the asylum process not experienced by others.

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