This section - Asylum Scheme | Mythbuster | Terminology

Asylum Scheme - Coaching with a conscience

Terminology

Asylum seeker

When somone comes to Britain as a refugee they have to apply to the government for permission to stay in the country. Whilst they are waiting for their application to be considerd, they are known as asylum seekers.

Refugee

The word "refugee" is in everyday use, but does in fact have a precise legal meaning, as set out in the 1951 UN Convention Relating to Refugees. This defines a refugee as someone who:

Has a well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opion;

Is outside the country they belong to or normally reside in; and;

Is unable or unwilling to avail him/herself of the protection of that country, or return home, for fear of persecution.

Some refugees have fled from countries where they may have been persecuted simply for being a member of a religous or ethnic group. Some have taken a deliberate stand against an oppresive government; others have already been in the UK as visitors or students when political changes in their home country have made it difficult for them to return home.

Unaccompanied or separated young people (unaccompanied minors)

An unaccompanied or separated young person is someone who arrives in the UK without a guardian or adult relative, has no adult relative or guardian to care for them within the UK, is under the age of 18 and makes and application for asylum. They will not enter the National Asylum Support Service (NASS) support system instead they will be referred to Social Work Services or their local authority. If they have not received a decision on their asylum claim at the time of their 18th birthday they will transfer to NASS support.

Refused asylum seeker

Sometimes known as a 'failed' asylum seeker within the UK, this applies to someone who has applied for asylum and has been refused a form of protection by the UK Government.

Other UK Statuses

Indefinite Leave to Remain

This status gives someone that has applied for asylum in the UK and been recognised by the Home Office as a refugee permission to settle permanently in the UK. Refugees granted this staus can work and access the mainstream welfare system.

Humanitarian Protection

This status has been awarded to people who have been refused refugee status, but cannot be returned to their country of origin as they face serious risk to life or person or inhuman or degrading treatment or punishment. It is awarded for a three year period at the end of which the circumstances of the case are reviewed. If circumstances are unchanged a person with Humanitarian Protection can apply for Indefinite Leave to Remain. People with HP status are allowed to work and access mainstream welfare systems.

Discretionary Leave

A status awarded to people who have been refused refugee status and who do not fufill the criteria for Humanitarian Protection, but are allowed to stay in the UK for other reasons. It is only awarded in very limited circumstances, sometimes to seperated young people (unaccompanied minors - under the age of 18 who have made an application for asylum in the UK).