As a legal concept, asylum is ill-defined and poorly understood yet its meaning is
typically assumed to be solid by those who make reference to it. When I asked a
group of final year undergraduate law students back in 1999 about the difference
between asylum seekers and refugees they were, without exception, baffled.
Some believed the terms to be synonymous. Others, the majority, believed that
an asylum seeker was a label denoting illegality, applied to those that had entered
without correct documents who then tried to assert, illegitimately, that they were
fleeing persecution. The term refugee was understood as comprising both a factual
statement to identify a person fleeing persecution, and a legal status, afforded to
those that had demonstrated to the host state that their fear was legitimate. One
may question the reason for the apparent confusion over the label ‘asylum seeker’.
It is after all a rather straightforward statement of fact denoting a person who has
left their country of origin and is seeking sanctuary elsewhere, ultimately through
legal recognition as a refugee. The term asylum lacks a clear legal definition
but established academic authority refers to durable international protection for
refugees (as opposed to temporary or limited protection).1 Yet, it is clear that the
distinction between refugees, asylum seekers and other migrants has long been
blurred in the public mind.2
Ten years later I asked the same question to a different group of final year
undergraduates studying Immigration and Race Relations. Most of this group of 30
were from families with recent migratory histories, and one might therefore have
anticipated a greater understanding of such terms. Yet the same misconceptions
arose. Undergraduate law students, with no prior knowledge of the subject, simply
did not understand the label ‘asylum seeker’ and in many cases it was again
associated with notions of illegality.