What is the difference between the words “refugee”, “migrant” and “refugee claimant”?
The 1951 Geneva Convention Relating to the Status of Refugees (ratified by Canada) provides a legal definition for the word “refugee”. According to this definition, a refugee is someone who meets the following conditions:
- Has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion
- Is outside of their country of nationality
- Is unable or unwilling to return to their country of nationality
This definition is also used in Canadian law in Article 96 of the Immigration and Refugee Protection Act.
The evolution of international human rights law also reinforces the principle that the Convention should be applied without discrimination based on gender, age, disability, sexual orientation or other prohibited forms of discrimination.
People sponsored by a Group of Five or Community Sponsors within the Private Sponsorship of Refugees Program must have a refugee status document.
A refugee claimant is someone who claims to be a refugee but whose claim is still ongoing. In 2023 in Canada, there were 144,035 asylum claims (the data posted is considered preliminary and subject to change).
Lastly, according to the United Nations, the word “migrant” refers to “someone who changes his or her country of usual residence, irrespective of the reason for migration or legal status.”
*Note: In Canada we refer to people seeking protection as "refugee claimants." The term "asylum seekers" is more often used in the United States and internationally.
What are the limits to the definition of “refugee”?
The definition given by the Geneva Convention excludes certain groups of people from being able to obtain refugee status, such as:
- Internally displaced people
- People who were forced to leave their country but who don’t have personal fears of persecution, e.g., because of a climate threat
Who can assess someone’s refugee status?
It depends on the country the person is in. In some countries, including Canada, national authorities are in charge of refugee status determination. In Canada, this is done through the Immigration and Refugee Board (IRB). The United Nations High Commissioner for Refugees (UNHCR), also called the UN Refugee Agency, is responsible for registering and processing claims in other countries.
What does the recognition of refugee status imply?
Granting refugee status means recognizing that a person cannot go back to their country of origin. They benefit from international protection, and it becomes technically illegal to deport them to their country of origin (principle of non-refoulement). In Canada, refugees recognized by the IRB or resettled under the resettlement and sponsorship programs receive permanent residence status.
