Refugee and Migrant Rights

In this guide we address the following issues:

1.  Who is a refugee?   If you can demonstrate that you qualify as a refugee, this is likely to be an important source of rights in the country where you now live.
2. How do I obtain refugee status? We explain the practical steps that you may need to take, and the policy reasons for these measures.
3. Might I be subject to deportation? We outline the scenarios in which you may be at risk of deportation, and the rights that you may have to challenge a deportation order.
4. Am I at risk of being detained? We explain the circumstances in which immigrants are subject to detention, and the steps that you can take if this happens to you.

This guide will introduce you to relevant sources of international law, which includes binding treaties and non-binding soft law declarations, comments, and guidelines. For more information, please consult the body of the guide and the original text of the treaty or soft law.

International treaties:

• 1951 UN Convention Relating to the Status of Refugees
• 1967 Protocol relating to the Status of Refugees
• 1954 Convention relating to the Status to Stateless Persons
• 1984 UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
• 1989 UN Convention on the Rights of the Child
• The International Covenant on Civil and Political Rights
• The International Covenant on Economic, Social and Cultural Rights
• The Convention on the Elimination of all Forms of Discrimination Against Women
• UN Convention on the Rights of Persons with Disabilities
• Organisation of African Union (OAU) Refugee Convention (1969)

Non-binding declarations, comments, and guidelines:

• Universal Declaration of Human Rights
• UNHCR Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status
• UNHCR General Comments and Guidelines
• 1984 Cartagena Declaration