What you need to know

There is significant confusion among the public, including professionals, about the meaning and use of the word ‘refugee’. This often derives from the negative ways through which refugees, asylum seekers, and other migrants are portrayed in the media and in political discourse, and from the complexity of the UK immigration and asylum systems. Moreover, a lot is said ‘about’ refugees, but very little is heard from them, which exacerbates the confusion. For the purposes of this toolkit, refugees, while a very diverse category, are real people with needs, aspirations, and very real experiences of trying to rebuild their lives in the UK. The following definitions help contextualise the language that is used in this toolkit:

Refugee

The term ‘refugee’ has a legal meaning in international law. According to the 1951 United Nations Convention Relating to the Status of Refugees, a refugee is someone who, ‘owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country’. The United Nations refugee agency (UNHCR) states in a less formal manner that refugees are people who have fled war, violence, conflict, or persecution and have crossed an international border to find safety in another country.

Asylum seeker

Someone who is seeking international protection and whose request for asylum (or sanctuary) has yet to be processed. An asylum seeker granted protection under international law often becomes a refugee. In the UK, asylum seekers who are assessed as destitute can access support in the form of accommodation and subsistence.

Appeal Rights Exhausted (ARE)

This term usually refers to someone who’s their claim for asylum has been refused and any subsequent appeals have been unsuccessful. Terms such as ‘failed’ or ‘refused’ asylum seekers are also often used to refer to this category. ARE asylum seekers often have their asylum support terminated.

Migrant

There are different ways to define a migrant, depending on circumstances and the kind of data under consideration. In the context of international migration (to distinguish the term from anyone moving between different places within a country), a migrant is someone who changes their country of usual residence for a period of at least a year, so that the country of destination effectively becomes the country of usual residence.

For practical purposes, this toolkit uses the term ‘refugee’ to include all categories of people in the UK who have lived experience of forced migration, and who come to the UK to rebuild their lives following persecution, war and human rights abuses. This includes those with refugee or similar status (past and present), asylum seekers, and people who have arrived in the UK under various visa schemes, and who had to flee their home countries. It also includes those who have been denied their asylum claims in the UK, but who are not able to return.

Unsurprisingly, there are many people who do not fit the tight legal definitions of ‘refugee’ or ‘asylum seeker’ but who we include in our wider category of ‘refugee’ in this toolkit. For example:

There are also thousands of people who are now UK citizens but who arrived in the UK as refugees or asylum seekers. Although they are no longer classed as ‘refugees’ in the legal sense, their journeys are still relevant, as their unmet needs and the barriers that they face do not always fully disappear when they become eligible to UK citizenship. It is also important to note that the term ‘refugee’ also has subjective and emotional dimension. Several people who are legally recognised refugees in the UK may not identify subjectively as such, often because of what is perceived as the disempowering nature of the term, and providers need to be aware of such sensitivities.

This toolkit recognises the many different experiences that are usually associated with the term ‘refugee’, and, therefore, seeks to be inclusive of all those categories of people. In some cases, this toolkit needs to refer to specific circumstances that apply to certain categories, otherwise the information and guidance presented here applies to all. For the sake of simplicity, unless noted, when this toolkit refers to ‘refugee’ or ‘refugees’, it aims to be inclusive of all such experiences.

• Ukrainian citizens who arrived in the UK following the wider invasion of their country that started in February 2022 are not granted the formal status of refugee in the UK, despite worldwide recognition that they are refugees fleeing war.

• Many professionals who worked for the UK armed forces in Iraq and Afghanistan have been relocated to the UK because of the risks of persecution that they face if they stayed in their home countries. These individuals and their families have not been granted refugee status (and many do not regard themselves as ‘refugees’) but have benefited from different routes to come and rebuild their lives in the UK.
• People from Hong Kong who have British National (Overseas) status have been offered a route to come and live in the UK. They are neither refugees or asylum seekers, but share some experiences such as barriers to accessing services.

There are also thousands of people who are now UK citizens but who arrived in the UK as refugees or asylum seekers. Although they are no longer classed as ‘refugees’ in the legal sense, their journeys are still relevant, as their unmet needs and the barriers that they face do not always fully disappear when they become eligible to UK citizenship. It is also important to note that the term ‘refugee’ also has subjective and emotional dimension. Several people who are legally recognised refugees in the UK may not identify subjectively as such, often because of what is perceived as the disempowering nature of the term, and providers need to be aware of such sensitivities.

This toolkit recognises the many different experiences that are usually associated with the term ‘refugee’, and, therefore, seeks to be inclusive of all those categories of people. In some cases, this toolkit needs to refer to specific circumstances that apply to certain categories, otherwise the information and guidance presented here applies to all. For the sake of simplicity, unless noted, when this toolkit refers to ‘refugee’ or ‘refugees’, it aims to be inclusive of all such experiences.

Suggested actions

• Review all relevant written policies, strategies, protocols and other relevant documents in your team, service, or organisation – are the terms associated with migration and forced migration used adequately? If revisions are required, engage with, and explain why to, document owners. What happens if there are no references to refugees at all? Maybe it’s time to include them! You will not be able to even start your journey into refugee participation if refugees are invisible or excluded in that way. Do not assume that there are no refugees (or asylum seekers, etc.) in your area, and/or that there will not be any in the foreseeable future.
• Review your service or organisation migration training needs. An increasing number of people living in the region have migrant or refugee background, and it important that all relevant staff are made aware. If needs are identified, the region has numerous training providers who can help skill up your workforce and ensure that they can meet the needs of refugees. Consider adopting a relevant e-learning module, which can be more cost effective and can be accessed by all staff, including new starters
• Consider other ways to provide accurate information about migration (including refugees, asylum seekers and other relevant groups) to colleagues. This could include written guidance, FAQs, and/or links to relevant websites.