There are common misperceptions about who is a refugee. A refugee under international law is not someone who flees poverty or even a natural disaster. A refugee is someone who has a real fear of serious human rights deprivations (persecution) in their country of origin because of their actual or imputed political opinion, religion, race, nationality or membership in a particular social group. To be legally recognized as a refugee, a person must also be outside of their country of origin and show that they are unable to avail themselves of their home government’s protection.

The legal definition of “refugee” is set out in the 1951 United Nations Convention Relating to the Status of Refugees (the “Refugee Convention”) and its 1967 Additional Protocol:

“…the term “refugee” shall apply to any 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.”

The Office of the United Nations High Commissioner for Refugees (“UNHCR”) was established in 1950 and is mandated to lead and co-ordinate international action to protect refugees and safeguard their rights and well-being worldwide. One of the ways that they do this is by engaging in Refugee Status Determination to identify those who fit the legal definition as set out in the Refugee Convention & the 1967 Protocol. The elements of the refugee definition must be satisfied in order to get UNHCR protection.

1. Outside of one’s country of origin
2. Has a well-founded fear (fear is subjective; well-founded is objective; both must be present)
3. Of persecution (persecution has a high threshold; must rise above discrimination or harassment)
4. Persecution must be based on one of five potential “nexus” grounds:
   • Race
   • Religion
   • Nationality
   • Membership in a particular social group (has in the past included the disabled, homosexuality, domestic abuse victims, and female genital mutilation victims)
   • Political opinion
5. Unable or unwilling to avail oneself of the protection of your home country

All aspects of the definition must be met before someone can be accepted as a refugee. Every asylum claim is assessed and carefully screened on its facts to ensure it has merit.