Information on “refugee status” for Iraqi asylum seekers

Information on “refugee status” for Iraqi asylum seekers

This note aims to give Iraqi people applying for refugee status a basic understanding of the international definitions of a refugee and some advice on written applications and verbal interviews.

The process is not easy, there are no guarantees and it can be a lengthy and uncertain process. The process is mainly set up for “refugees” applying to UNHCR offices outside of Iraq.

We recognise that it is very difficult for many of you still in Iraq to travel to a UNHCR office in Jordan or Kuwait and are seeking further advice on your behalf.

We are only just beginning to fully understand the system behind the newly established UK Government “Locally Employed staff assistance scheme”. We understand that many of you will have questions relating to this scheme, particularly the uncertainty over the assistance available to translators still in Iraq.

If you apply to UNHCR or a third country government for refugee status or resettlement assistance you should be aware that you will be asked to confirm why you fit the international definition for being a refugee. This may sound obvious but the success of your application will be based on your ability to explain in words how you fit the following definition.

Who is a refugee? What is the International Definition?

The international definition of a refugee is defined by the United Nations High Commission for Refugees in the “1951 Convention” as 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”.

Example: Translators could fear persecution because of the experiences of other translators who were persecuted on the basis of their professional occupation “a social group”. “Social Group” can also refer to people with a shared membership of a civil society group, profession, organisation, or family background.

What does well founded fear of persecution mean?

Well founded means that there must be a valid basis for the claim of a fear of persecution. This means that there must be a real chance that the claimed persecution will occur if the refugee applicant returns to his or her home country.

Persecution?

A threat or abuse of fundamental rights and freedoms possessed by all individuals. This can take the form of verbal or physical threats or abuses.

Who or what can be the persecutor?

It is important to remember that many refugees are not persecuted by a government. Instead they may be afraid of a rebel group, a political party, members of their own families or some other group of people.

Who is the UNHCR?

The UNHCR is an inter-governmental organisation that is mandated by the United Nations to protect refugees and asylum seekers and seek solutions to their plight. UNHCR protects their rights in the country of asylum but does not include any entitlement to resettlement or financial assistance.

Resettlement or financial assistance is sometimes provided by third country governments. The US, UK, and many other governments provide resettlement assistance, but schemes have many more applicants then they are able to accept.

There are three stages at which people apply for international protection:

Those who move within Iraq for fear of persecution are called Displaced Persons. It is difficult to apply for international assistance while you are still in Iraq. Translators eligible for the UK “locally employed staff assistance scheme” are a rare exception but the terms of this scheme are still unclear at this stage.

Those who have left Iraq to neighbouring countries for fear of persecution are able to apply to the UNHCR offices in those countries for “refugee status”.

Those who have been recognised as a refugee by UNHCR are able to apply for resettlement to the UK, US or other international government, and are said to be seeking “third country resettlement”.

Where do I stand?

I was a translator to the British in Iraq and am applying to the locally employed staff scheme.

Ensure that the information on the form includes dates of employment, names of employers and high profile or visible roles.

Remember that you must show reason for fearing persecution in Iraq. Personal aims to improve education or economic opportunities do not fit the international criteria to be a refugee.

You will be asked to give evidence of your employment and of your reason for fearing further persecution.

Evidence can include cases of other people in a similar situation to your own who have been persecuted on the basis of their occupation.

Photographic or written evidence of others being persecuted because of their status as a translator will also assist your case. Newspaper articles, written threats, birth certificates or other documents can help to verify details.

I have left Iraq and am in a neighbouring country? Jordan, Syria or other country.

Apply to the UNHCR office as soon as possible on arriving in a neighbouring country. There is no guarantee of assistance but it may help your case if you apply early on.

Also contact any other international embassies with which you might have connections.

UNHCR will ask you to confirm why you are at risk of persecution. Be prepared to answer detailed questions about what you remember happening, (things you saw, heard and felt).

Be as clear as possible and give details, especially on the events that made you leave your country.

Ask other applicants about the application and interview processes for UNHCR, what type of questions are asked, how much time were they given, how does the process work?

Practice your interview before hand.

It is important that you give details of your own experiences and that you tell the truth. Any false claims may affect your application’s chance of success.

You must also be aware that once you leave Iraq and register as a refugee with UNHCR, to return to Iraq whatever the circumstances, may undermine your claim for protection.

If I am in Iraq but am not a translator?

A refugee is someone who has left their country for fear of persecution. In this case Iraqis who have travelled to Jordan, Kuwait or other country for fear of persecution are able to apply to the UNHCR office in those countries.

Someone who has travelled within their own country for fear of persecution is a “displaced person”. Normally resettlement to the UK or US is offered only to refugees.

We understand that there are many people in Iraq who are at risk and feel unsafe to travel either within Iraq or outside the country.

Think through the questions on the check list below.

How do your experiences fit the refugee definition?

Seek further advice from people you trust.

Please note that wanting to move to another country to improve education, to seek a better life or economic opportunity does not fall within the criteria for refugee status and therefore does not entitle a person to international protection as a refugee.

You must show grounds for persecution based on one or more of the five reasons, religion, race, nationality, membership of a social group or political opinion.

A Check List

Identify how your situation might fit within the international definition of a refugee outlined above.

If you are to submit an application for refugee status you will be asked to give details of your personal history and any events that might show why you are at risk of persecution.

Try and remember significant incidents, dates, times, details of where you were when an event occurred. Try and talk through the events in the first person.

Consider your location and the closest and safest route to a UNHCR office.

Think through your experiences and of those around you.

Try and think clearly about what you know, rather then what you hear as rumour.

Recounting personal details about uncomfortable experiences can be difficult for many people. However, it is important that you convey clearly all the information that might help your case.

If there are people, you trust, who have applied or been interviewed for refugee status in the past, ask them what questions they were asked but also check details of the process with UNHCR office staff if possible.

Written or photographic documentation or evidence that supports your personal history will be useful for your application. Keep them with you if you can do so safely or send scanned copies to people that you trust. News paper articles, birth certificates, passports, letters of employment are all important.