1.1.1 Concepts: migrants, asylum seekers, refugees and other beneficiaries of international protection

It is frequent to see the use of the terms “migrant”, “refugee” or “asylum seeker” interchangeably, in particular, by media or in public discourse. However, such terms have different meanings, and it is important to distinguish them (see UNHCR viewpoint: ‘Refugee’ or ‘migrant’ – Which is right?). You can read more about the differences on this article on Amnesty International’s website, or by further studying this International Rescue Committee’s article, which focus on the distinction between the terms “refugees”, “asylum-seekers” and “migrants”.
More specifically, according to the International Organization for Migration (IOM), a migrant is a “person who moves away from his or her place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons.” As UNHCR clarifies, migrants leave their country of origin in order to study, work, join their family, or for other purposes, and they may return freely to their country of origin, benefiting from the protection of their own State.
However, yearly, several people around the world are forced to flee from their country of origin, for example, due to fear of persecution or to escape armed conflict. It derives from international law (Article 1 of the Convention and Protocol Relating to the Status of Refugees) that a refugee is a person who has a well-founded fear of persecution for specific reasons (race, religion, nationality, membership of a particular social group or political opinion) and, owing to that fear, is outside the country of his/her nationality and is unable or unwilling to avail himself/herself of the protection of that country. Given the fact that refugees are either unable or unwilling to benefit from the protection of their country of nationality (or habitual residence, in the case of stateless persons), the international community agreed to provide protection to them. This is why, when referring to protection granted to refugees, we speak about international protection.
International protection, however, does not only refer to the protection provided to refugees. In fact, different regional systems, such as the European Union (EU), have extended international protection for persons in other situations of forced displacement. In the EU, international protection also encompasses subsidiary protection (as provided for by Directive 2004/83/EC).
A “beneficiary of subsidiary protection” is someone who does not qualify as a refugee but who would face a real risk of suffering serious harm if returned to his/her country of origin (or habitual residence, in case of a stateless person) and who is unable or unwilling to avail himself/herself of the protection of that country. Serious harm, for this purpose, does not only consist in the death penalty or torture (and other ill-treatment) but also in a threat due to indiscriminate violence in situations of international or internal armed conflict. The recognition or concession of international protection is not automatic. This means that, when arriving in an EU member State, a person who was forcibly displaced from his/her country of origin for one of the reasons mentioned above must apply for international protection and await a final decision regarding that application. Until a final decision is made, the person is considered to be an asylum-seeker/applicant for international protection/applicant for asylum.

Online Resources

- IOM, International Migration Law – Glossary on Migration, nr. 34, 2019
- Available at https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf
- UN High Commissioner for Refugees (UNHCR), Persons in need of international protection, June 2017 (https://www.refworld.org/docid/596787734.html)
- This UNHCR document focuses on persons in need of international protection.
- UN High Commissioner for Refugees (UNHCR), 'Refugees' and 'Migrants' - Frequently Asked Questions (FAQs), 31 August 2018 (https://www.refworld.org/docid/56e81c0d4.html)
- This UNHCR document provides some information regarding refugees and migrants.
- Amnesty international, Refugees, asylum-seekers and migrants
- This AI’s article focuses on the distinction between the terms “refugees”, “asylum-seekers” and “migrants”.
- International Rescue Committee, Migrants, asylum seekers, refugees and immigrants: What’s the difference?
- This International Rescue Committee’s article focuses on the distinction between the terms “refugees”, “asylum-seekers” and “migrants”.