Non-refoulement in the context of "Asylum seekers"

An asylum seeker or asylum-seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded.

The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted the right of asylum protection or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported in line with non-refoulement. Signatories to the Universal Declaration of Human Rights create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country.

Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, with migrants moving from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and other imposed sanctions.

Asylum seekers denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens. In others, they may receive a temporary residence permit, for example regarding the principle of non-refoulement in the International Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, for example, due to the risk of torture.

Afghan diaspora refers to the Afghan people that reside and work outside of Afghanistan. They include natives and citizens of Afghanistan who have immigrated to other countries. The majority of the diaspora has been formed by Afghan refugees since the start of the Soviet–Afghan War in 1979; the largest numbers temporarily reside in Iran. As stateless refugees or asylum seekers, they are protected by the well-established non-refoulement principle and the U.N. Convention Against Torture. The ones having at least one American parent are further protected by United States laws.

Outside the immediate region of Afghanistan, the largest and oldest communities of Afghans exist in Germany; large communities also exist in the United States, the United Arab Emirates, Russia, Turkey, Canada, United Kingdom, Sweden, Netherlands, Australia and Austria. Some are nationals and citizens of the countries in those continents, especially those in the United States, Canada, Western Europe, Australia, and New Zealand.