Ch.14 - The Rights of Refugees

Question 1

Who is an asylum seeker?

Answer 1

A person seeking the legal status of refugee. An asylum seeker is a person seeking sanctuary in a third State but whose claim has not been determined to see whether he or she is protected by the 1951 Convention. It is not a legal status as such.

Question 2

To gain asylum, a seeker must show what characteristic?

Answer 2

Be unable or unwilling to return to their country of nationality due to a fear of persecution

Question 3

What must a person show to be protected by the 1951 Convention?

Answer 3

That they are unable to return to their state of nationality due to a fear of persecution.

Question 4

What contributions did the 1967 Protocol to the 1951 Convention make?

Answer 4

Removed geographical and temporal limits to the 1951 Convention.

Question 5

What is a well- founded fear of persecution?

Answer 5

A subjective fear of persecution that has an objective basis. The ill-treatment in question or that which is feared must reach a certain threshold of seriousness. It is a fear of serious harm, so it does not have to have happened but if it has occurred it strengthens a claim that it is likely to occur again.

Question 6

State three aspects of the UNHCR’s purview.

Answer 6

1. Promotes the interests of all refugees everyone
2. Promotes the interests of Internally Displaced Persons and Mandate Refugees
3. Seeks to ensure progressive interpretation of the 1951 Convention by national courts

Question 7

What international instrument covers internally displaced persons?

Answer 7

None.