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 Migrants and refugees 

A refugee is, according to the 1951 Refugee Convention, any person who ""owing to a well-founded fear"" of persecution is outside their country of nationality and ""unable"" or ""unwilling"" to seek the protection of that country. To gain the status, one has to go through the legal process of claiming asylum. The 1951 Refugee Convention: http://www.unhcr.org/pages/49da0e466.html

As soon as someone fleeing persecution and mortal danger gets into a country where he/she is no longer persecuted but still caries on ""fleeing"" without invitation by a third country, he/she is no longer a refugee but a migrant. 

The only real refugees in Europe Schengen Area are Lybian citizens whose country is a direct neighbour to the Schengen Area."