Asylum Seeker


An asylum seeker is a displaced person or immigrant who has formally sought the protection of the state they fled to as well as the right to remain in this country and who is waiting for a decision on this formal application. An asylum seeker may have applied for Convention refugee status or for complementary forms of protection. Asylum is thus a category that includes different forms of protection. Which form of protection is offered depends on the legal definition that best describes the asylum seeker's reasons to flee. Once the decision was made the asylum seeker receives either Convention refugee status or a complementary form of protection, and can stay in the country—or is refused asylum, and then often has to leave. Only after the state, territory or the UNHCR—wherever the application was made—recognizes the protection needs does the asylum seeker officially receive refugee status. This carries certain rights and obligations, according to the legislation of the receiving country.
Quota refugees do not need to apply for asylum on arrival in the third countries as they already went through the UNHCR refugee status determination process whilst being in the first country of asylum and this is usually accepted by the third countries.

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