Migrants and refugees   A refugee is according to the  Refugee Convention any person who owing to a wellfounded 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  Refugee Convention httpwwwunhcrorgpagesdaehtml  As soon as someone fleeing persecution and mortal danger gets into a country where heshe is no longer persecuted but still caries on fleeing without invitation by a third country heshe 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