Refugee, immigrant and, political asylum: what are the differences

When we talk about immigrants, refugees, and political asylum seekers, there are doubts and questions about their differences. The concepts are misunderstood since all have some similarities, but still many variations.

Political Asylum Seeker

Individuals who are being persecuted for political reasons in their home country fall into this category (as the name implies). In this case, for the asylum seeker to be received in another country, the individual must not have committed any crime or be awaiting trial related to it.

The critical point is that the country has the responsibility to decide whether or not to accept the request. In other words, the bond is direct with the country, so it’s up to the country to choose to accept or decline the application.

How does political asylum works in Brazil?

There are two types of political asylum applications: territorial and diplomatic. The first is a permit to the Brazilian government for the individual to be authorized to stay in the national territory. Thus, to request the person must already be within the Brazilian area.

The second type, the diplomatic asylum, only applies to the person who is in their home country. The appeal is made directly at the Embassy or Consulate. Thus, with the acceptance, the political asylum receives the allowance to “resides” there. Therefore the individual will be protected from persecution, but still in their home country.

Immigrants

An immigrant is an individual who voluntarily moves from their home country to another. The goal is to settle in another location for countless reasons, but one of the main ones is economical. Usually, the immigrant seeks a better quality of life elsewhere.

Immigration Process in Brazil

In Brazil, there are two types of immigrants: temporary and permanent. Thus, immigrants who wish to settle permanently should apply for a residence permit. The individual who will temporarily go to Brazil can apply for a temporary visa – Brazil has several types of visas. In this case, the person must choose which category best fits the application for permission.

Refugees – who are they?

Refugees are those who suffer persecution in another country, and it may be because of ethnicity, religion, nationality, social group, among others. Unlike political oppression, refugees cover other categories. It also fits that person who is in a situation of war or civil conflict in their home country.

There is an international regulation for refugees derived from the 1951 Geneva Convention. One of the rules and benefits of this convention is that a refugee cannot the expelled or returned from the country of refuge to their home country if there are still risks to their freedom or life. Thus, the decision is not solely up to the country – as it is with political asylums – the state must abide by the refugee in its territory.

How it the request in Brazil?

As we have seen, the asylum does not have to be in Brazilian territory to start the request. In the case of the refugee, this option does not exist. The refugee request is made when the individual is inside the country’s territory or at the border.

In Brazil, it is held at the Federal Police – and it may be requested too at another migratory authority on the country’s border. The first step is to complete the Refugee Application Term so the individual will be able to receive the provisional protocol. This protocol allows the applicant to have the same individual rights as the citizens of the country, being able to issue a work card, social security number, and access to Brazilian public services.

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