Asylum and International Protection
General Information on Asylum, Refugee Status and International Protection
Every year, millions of people are forced to leave their countries due to war, repression, persecution, violence, political reasons or serious human rights violations. International law provides special protection mechanisms for people who cannot safely return to their country of origin.
An asylum application is not merely an immigration procedure. It is also a fundamental right recognised under international law.
What Is Asylum?
Asylum is a form of international protection granted to individuals who may face persecution, serious harm or grave human rights violations if they return to their country.
The right to asylum is recognised in many international instruments, including:
1951 Geneva Convention Relating to the Status of Refugees
1967 Protocol Relating to the Status of Refugees
Universal Declaration of Human Rights
International human rights law
Regional human rights treaties
The main purpose of the asylum system is to prevent a person from being returned to a country where their life, liberty or fundamental rights would be at serious risk.
Who Can Be Recognised as a Refugee?
Under international law, a refugee is a person who has a well-founded fear of persecution for specific reasons and who is unable to return to their country for that reason.
These reasons may include:
Political opinion
Religion or belief
Nationality
Race
Ethnic origin
Membership of a particular social group
Gender-based persecution
Sexual orientation or gender identity
The assessment of refugee status is always carried out by taking into account the individual circumstances of the person, the events they have experienced and the available evidence.
What Is International Protection?
International protection is a broader concept than refugee status.
Some individuals may not fully meet the definition of a refugee, but may still face a serious risk of harm if returned to their country.
Such risks may include:
War or armed conflict
Torture
Death penalty
Inhuman or degrading treatment
A serious threat to life due to widespread violence
In different countries, these forms of protection may be referred to as:
Subsidiary protection
Complementary protection
Humanitarian protection
Temporary protection
General Asylum Application Process
For the New EU Asylum Rules, see
Although asylum procedures vary from country to country, most systems include similar stages.
1. Application
The person submits a request for international protection to the competent authorities.
At this stage, identity information may be collected, registration procedures may be carried out, and biometric data such as fingerprints may be taken.
2. Registration and Preliminary Examination
The competent authorities assess whether the application is admissible and which country is responsible for examining it.
In some cases, another country may be responsible for examining the application.
3. Personal Interview
The asylum interview is one of the most important stages of the application process.
The applicant is generally expected to explain the following issues:
Personal background
The events that led them to leave their country
The risks they would face if returned
Information, documents and evidence in their possession
Family, political, religious or social circumstances
At this stage, it is very important that the applicant’s account is consistent, clear and detailed.
4. Assessment of Evidence
When assessing the application, the competent authorities may take into account various types of information and documents, including:
Identity documents
Court decisions
Detention or arrest records
Arrest warrants
Medical reports
Witness statements
Human rights reports
Country-of-origin information reports
Expert opinions
Digital evidence
The absence of documents does not, by itself, mean that the application will be rejected. In asylum law, the applicant’s credible and consistent statements may also constitute important evidence.
5. Decision
At the end of the examination, the competent authorities generally issue one of the following decisions:
Recognition of refugee status
Granting of another form of international protection
Rejection of the application
If the application is rejected, many legal systems provide the possibility of appeal or judicial review.
Fundamental Principles of Asylum Law
Principle of Non-Refoulement
No one should be returned to a country where they would face persecution, torture, risk of death or serious human rights violations.
This principle is one of the cornerstones of international refugee law.
Individual Assessment
Every asylum application must be examined individually.
An application cannot be automatically accepted or rejected solely on the basis of the applicant’s country of nationality, religion, ethnic origin or political opinion.
Fair Procedure
Applicants should generally have the following rights:
Fair examination of the application
Opportunity to submit evidence
Interpreter assistance where necessary
Access to legal assistance
A reasoned decision
An effective remedy or appeal mechanism
Why Is Legal Advice Important?
Asylum law brings together many different areas of law, including:
Refugee law
Human rights law
International law
Migration law
Administrative law
Constitutional law
Each case is unique. A small omission, inconsistency or incorrect statement may affect the outcome of the application.
Professional legal support can assist with:
Correct assessment of the legal situation
Determination of the application strategy
Organisation of evidence
Preparation for the interview
Protection of procedural rights
Follow-up of correspondence with the competent authorities
Assessment of rejection decisions
Planning of appeal and litigation procedures
Frequently Asked Questions
1. Are asylum and refugee status the same thing?
No. Asylum is the process of seeking protection. Refugee status is one of the legal statuses that may be granted at the end of this process.
2. Can everyone apply for asylum?
In general, persons who believe that they are at risk of persecution or serious harm in their country may apply for international protection under the legislation of the country in which they are present.
3. Are documents always required for an asylum application?
Documents can strengthen an application. However, many people are unable to collect documents because they leave their countries suddenly and under difficult circumstances. For this reason, the applicant’s consistent and credible statements are also important.
4. How long does the asylum process take?
The duration depends on the country where the application is submitted, the complexity of the case and the workload of the administration.
5. What happens if the application is rejected?
In many legal systems, there is a right to appeal or bring judicial proceedings against a rejection decision. However, time limits are usually very short. Therefore, it is important to obtain legal support quickly after receiving a rejection decision.
6. Is every asylum application accepted?
No. Each application is assessed according to its own circumstances. A positive decision depends on the applicant’s individual risk situation and whether the legal requirements are met.