Who is a refugee?

International law defines a "refugee" as a person who has fled from and/or cannot return to their country due to a well-founded fear of persecution, including war or civil conflict.

A refugee is a person 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."

Article 1, The 1951 Convention Relating to the Status of Refugees

The most important parts of the refugee definition are:

Refugees have to be outside their country of origin;
The reason for their flight has to be a fear of persecution;
The fear of persecution has to be well-founded i.e. they have to have experienced persecution or be likely to experience it if they return;
The persecution has to result from one or more of the 5 grounds listed in the definition;
They have to be unwilling or unable to seek the protection of their country.

How does UNHCR distinguish between refugees and immigrants?

Immigrants normally leave a country voluntarily to seek a better life. Should immigrants decide to return home, they would continue to receive the protection of their government and be safe from persecution. However, refugees flee because of the threat of persecution and cannot return safely because of dangerous circumstances in their home countries.