The terms migrant and refugee are often used interchangeably in the media and everyday language. In reality, however, they refer to two distinct legal and social categories.
What Is a Migrant?
A migrant is someone who moves primarily by choice rather than because of conflict, persecution, or other forms of coercion. According to the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), the term generally refers to individuals who voluntarily cross international borders for reasons such as employment, education, or family reunification.
What Is a Refugee?
The legal definition of a refugee is established by the 1951 Geneva Refugee Convention, adopted on 28 July 1951. The Convention sets out the obligations of states toward refugees.
Under the Convention, a refugee is a person who is unable or unwilling to return to their country of nationality because they have a well-founded fear of persecution on account of:
- Religion
- Ethnicity or race
- Political opinion
- Membership of a particular social group
What Is the Main Difference?
The fundamental distinction lies in whether the movement is voluntary or forced. A migrant chooses to leave their country, whereas a refugee is compelled to flee because of threats to their safety or freedom.
This distinction is crucial because it determines which legal framework applies and what obligations states have toward the individual.
What Rights Do Migrants and Refugees Have?
Refugees are protected under international law and are entitled to specific legal safeguards. These include the principle of non-refoulement (the prohibition against returning a person to a country where they face persecution or serious harm), the right to seek asylum, and the obligation of states to provide protection to those who qualify as refugees. Under international asylum law, states are required to examine refugee claims.
States, however, have greater discretion regarding migrants. Subject to international human rights standards, governments may decide whether to admit or remove migrants from their territory. Unlike refugees, migrants do not automatically receive international protection simply by entering another country and are generally subject to the domestic immigration laws of the host state.
That said, the principle of non-refoulement may also apply to migrants if they face a real risk of torture or other forms of cruel, inhuman, or degrading treatment upon return to their country of origin.
Why Does This Distinction Matter Today?
The distinction is important because it determines the legal responsibilities of states. While states have binding international obligations to protect refugees, they generally enjoy broader discretion in determining how to regulate migration and the admission of migrants.
In Brief
Migrants generally move by choice, whereas refugees flee because of persecution, conflict, or other serious threats to their safety. This distinction carries significant legal consequences and forms the basis for different rights and protections under international law.
