Revista Temas de Derecho Constitucional

237 Asilo en el Reino Unido: un derecho restringido Convention was adopted on 28 July 1951 and entered into force on 22 April 1954. Its scope was to guarantee protection to persons fleeing events occurring before 1 January 1951 and within Europe as a result of the events of World War II. An Additional Protocol Relating to the Status of Refugees (The Protocol) was adopted on 31 January 1967 and entered into force on 4 October 1967. The effect of the Protocol was to extend the right of asylum universally. That is, without distinction of race, national origin, faith, political opinion, age, or gender identity. MIGRANTS, ASYLUM SEEKERS AND REFUGEES Often confused, the terms ‘migrant’, ‘asylum seeker’, ‘refugee’, ‘displaced person’ and ‘undocumented migrant’ differ, rather than being mere variations on a theme. Migrants are persons who leave their place of origin to cross an international border, regardless of the motive. A person may leave their place of origin and relocate without crossing a border. Some people may wish to migrate, whether they cross or not a border, whereas others may have to . When migration occurs within the boundaries of a country, we speak about internally displaced persons. A refugee is a migrant who has crossed an international border, owing to awell-founded fear of being persecuted are either unable or unwilling to return to their country of origin or of habitual residence 14 . Asylumseekers are those persons who are in the process of seeking protection but who have not yet been granted it. Technically, only those who are granted protection are appropriately referred to as refugees, though some legislative instruments allow the term to be used indistinctly 15 . Those crossing an international border may do so with or without valid travel documentation. Passports are more and more common travel documents, though in some cases national identity cards work as allow for the lawful crossing of borders. Additional to travel documentation, many countries require the person to obtain administrative entry clearance by the immigration authorities. For visas to be successfully issued, applicants must satisfy the various documentary and financial demands by immigration authorities. Documented migrants are those able to satisfy those requirements and enter a country or territory using a travel document and relevant entry clearance. Undocumented migrants are, on the other hand, those who cross a border in the absence of valid travel documentation. In certain cases, the person may belong to a discriminated ethnic or minority group who are, for that reason, denied nationality or identification in the country they are fleeing. Other may be stateless persons. Theymay have had to flee suddenly, leaving all possessions including personal documents behind. Unable to prove origin or identity, undocumented migrants may choose alternative routes of entry, with the intention of avoiding border control. Whether a person enters a country with or without valid travel documentation does not make a difference to their status once they make an asylum application. Entering a country outwith the prescribed routes or in the absence of valid travel documentation in order to seek protection does not make a person ‘illegal’. There is no such thing as an 14 Directive 2011/95/EU, Article 2 (n) 15 Directive 2011/95/EU, Article 2 (e)