Asylum Seeker vs Refugee: What are the differences? 

In a world increasingly affected by conflicts, persecution, and displacement, the terms asylum seeker and refugee are often used interchangeably. However, these words carry distinct legal meanings and come with different sets of rights and protections. Understanding the differences between asylum seekers and refugees is important, especially in discussions about global migration, human rights, and international law. This article aims to clarify these differences, debunk common misconceptions, and shed light on the experiences of both groups.

An asylum seeker is a term referring to a person who has fled their home country due to conflict, war, or persecution, and is seeking protection in a foreign country, but has not yet been legally recognized as a refugee. A refugee, on the other hand, is someone who has been recognized under international law as needing protection, either by a host country or through international agencies like the United Nations High Commissioner for Refugees (UNHCR).

Legal Status and Protection Rights

The legal status of an asylum seeker differs from that of a refugee. Asylum seekers are in a state of a legal limbo: they are waiting for their claim to be evaluated by the host country’s immigration authorities. During this time, they may be granted temporary protection, but they are not yet legally recognized as refugees. Therefore, their situation is precarious and they experience additional uncertainty, because a rejected asylum application can result in deportation back to the country they fled.

In contrast, refugees have already been recognised as such, and are granted additional legal protection under international law. According to the 1951 Refugee Convention, a refugee is 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,” cannot return to their home country. This means that once someone is granted refugee status, they have the right to remain in the host country, access social services, and be protected from deportation to their home country (a principle known as non-refoulement). Refugees should also access education, healthcare, and the right to work, however these rights can vary based on the host country and their execution is often curtailed by the country’s resources and policies.

Process of Recognition

Seeking asylum in a foreign country is a complex and often lengthy process. When a person arrives in a country and requests asylum, they must submit an application, which will then be examined by authorities. This process can involve multiple stages of interviews, background checks and legal hearings. The process varies from country to country, with some nations offering more expedited procedures and others having significant backlogs, leaving asylum seekers waiting for months or even years for a decision.

For refugees, recognition can come either through a direct application to a country or through international organisations such as the UNHCR, which processes claims and facilitates resettlement. In some cases, refugees are registered in camps and later resettled in a third country that agrees to offer them protection.

Conditions and Experiences

While both asylum seekers and refugees share the experience of escaping a dangerous situation in their home country, the conditions they face can differ considerably. Asylum seekers experience is often defined by a perpetual state of uncertainty, insecurity and loneliness. They are often placed in detention centres or temporary accommodations while their case is being processed, often grouped with many other people, lacking privacy and comfort. Access to essential services such as healthcare, education and employment is also restricted during this period, which contributes to difficulty in staying healthy and adjusting to the new environment.

Refugees, on the other hand, having already been granted legal protection, are generally better positioned (though they too face significant challenges). While they enter a new step of their immigration journey, they experience new struggles, such as integrating into their host countries, learning new languages, and finding employment. Additionally, the psychological toll of fleeing persecution, living in exile, and starting over in a new country is immense for both asylum seekers and refugees. Therefore, both groups often grapple with trauma, sense of loss, and uncertainty about their future – all of which the misunderstanding and prejudices often worsen.

Common Misconceptions and Myths About Asylum Seekers and Refugees

Unfortunately, the topic of refugees and asylum seekers is a highly polarising one, and there are many misconceptions, often fuelled by the media and politicians. These myths can create barriers for displaced people and limit their ability to find safety, stability, and acceptance. One way to combat the spread of hate and misinformation is through education and facts. Here are some of the most common myths and the realities behind them:

#1. Myth: “Asylum Seekers are “Illegal Migrants”

Reality: One of the most widespread myths is that asylum seekers are “illegal” migrants. However, seeking asylum is a legal right under international law, and the term “illegal” is often wrongly applied to those waiting for their asylum claims to be processed.

#2. Myth: “Most asylum seekers don’t have genuine claims and are exploiting the system.”

Reality: Asylum seekers must meet very strict criteria to be granted refugee status. Each application undergoes a thorough review process, and only those with valid claims are granted asylum. The rigorous screening minimises the chances of fraudulent claims being approved, but often takes a long time.

#3. Myth: “Refugees and asylum seekers drain the economy and take jobs from locals.”

Reality: Studies show that, over time, refugees often contribute to the economy by working, paying taxes, and opening businesses. Their contributions to the workforce can fill labour gaps and help counteract ageing populations in some countries. On top of that, refugees are diverse people that bring skills, perspectives, and entrepreneurial activity to communities.

#4. Myth: “Refugees can just ‘go back home’ once it’s safe.”

Reality: Many refugees cannot safely return home, even after conflicts have settled. Homes, communities, and entire infrastructures may have been destroyed, or the conditions that forced them to flee, like political persecution, may still exist. Return is often not a viable option, so integration into host countries is essential.

#5. Myth: “Refugees are a security risk.”

Reality: Refugees and asylum seekers are subjected to extensive background checks before they are allowed into a host country, especially through formal resettlement programs. The process can take months or even years to ensure safety for everyone. Research consistently shows that the overwhelming majority of refugees are peaceful and are themselves fleeing violence.

How can you help refugees and asylum seekers?

There are many ways individual people can contribute to support refugees and asylum seekers. From providing direct assistance to raising awareness, here are some practical ways you can get involved with this human rights issue:

#1. Donate 

Refugees often arrive in new countries with very little. Donating essential items such as clothing, household goods, or hygiene products can help them start their lives with dignity. Local refugee organisations often run collection drives where you can donate these items, or you can organise your own donation initiative in your community. On top of that, you can donate to support organisations working directly with refugees, such as Refugee Action, International Rescue Committee, UNHCR or Free Movement.

#2. Volunteer

If instead of material items you would like to donate your time, volunteering with local or international NGOs can be a powerful way to help. Volunteers are often needed in refugee resettlement programs, community support groups, or legal aid organisations. Tasks may include teaching language skills, offering job training, or providing support to newly arrived refugees.

#3. Advocate for Policy Changes

Use your voice to advocate for humane and fair asylum policies. You can write to your local representatives, participate in awareness campaigns, or sign petitions that call for better treatment of refugees and asylum seekers. Political pressure can help improve asylum procedures, increase resettlement quotas, and ensure legal protections.

#4. Raise Awareness

Social media can be a powerful tool to raise awareness about refugee issues. You can share stories, facts, and news articles that highlight the struggles and contributions of refugees and asylum seekers. By spreading accurate information and combating misconceptions, you can influence public perception and promote empathy, starting from your personal circle.

#5. Educate Yourself and Others

One of the most important ways to support refugees and asylum seekers is by educating yourself about their situations. You can take courses, read books, watch documentaries, or attend talks that focus on refugee issues.