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 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