What’s the difference between asylum seekers and refugees?
The terms ‘asylum seekers’ are ‘refugees’ are often used interchangeably and sometimes incorrectly. They do in fact refer to different things, so here’s what you need to know.
What’s an asylum seeker?
An asylum seeker is someone who is seeking protection in another country but whose claims for protection have not yet been assessed or their status is yet to be determined.
What is a refugee?
A refugee is someone who after seeking protection in another country, has been determined to be needing protection and given refugee status by that country. This is often based on the definition under the 1951 Convention relating to the status of refugees, which defines a refugee as someone who:
…owing to 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; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
How should we use these terms?
Essentially, refugees are just asylum seekers who have been determined to be needing protection by the country they are seeking protection in, and therefore given refugee status. Neither of these terms include other forms of migrants, like economic migrants who are looking to improve future prospects for themselves or their families - refugees are those who, according to the UNHCR, “have to move if they are to save their lives or preserve their freedom. They have no protection from their own state—indeed it is often their own government that is threatening to persecute them.”
How are asylum seeker claims assessed?
This depends on when the person seeking asylum arrived in Australia, and which government and policies are in place. Generally, they are able to make their case for asylum to the The Department of Immigration and Border Protection. For certain asylum seekers at certain times, this may only be a three or five year visa, after which they will have to make their case again that they are in need of protection. However, as we have uncovered, this process is fraught with issues.
Australia has also implemented the Enhanced Screening Process in October 2012, whereby asylum seekers are given a brief interview on arrival, and are either ‘screened in’, allowing them to apply for refugee status in Australia, or ‘screened out’ and returned to their country of origin. This process has come under much scrutiny due to not giving a comprehensive and fair assessment to those seeking protection.
