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146.
In addition to these protections of refugees, Article III of the O/AU Convention
further provides that “[e]very refugee has duties to the country in which he
finds himself, which require in particular that he conforms with its laws and
regulations as well as with measures taken for the maintenance of public
order.” In addition, Article VIII (1) and (2) provide that Member States shall
co-operate with the Office of the United Nations High Commissioner for
Refugees; and that the Present Convention shall be the effective regional
complement in Africa of the 1951 United Nations Convention on the Status of
Refugees.
147.
Who qualifies as an asylum seeker? According to the UNHCR “an asylumseeker is someone who says he or she is a refugee, but whose claim has not yet
been definitively evaluated.”
148.
With regard to asylum seekers who are not yet documented, the UN
Convention determines in Article 31(1) that entering a state party to the
Convention unlawfully does not result in a forfeit of protection, and thus illegal
entrants may still qualify as refugees if they fulfil the relevant criteria.
However, under Article 31(2) restrictions may be imposed on their movement
until their status is regularised. While the UNHCR considers detention of
asylum seekers as a last resort measure, there are countries in which it is
common practice for irregular migrants to be detained until their status is
determined, and some countries also confine refugees to refugee camps and
thus limit their freedom of movement.
149.
With regards to the rights of refugees and asylum seekers, such rights accrue
“incrementally depending on the legality of their situation in their host country
and the duration of their stay there”, with the right of movement of asylum
seekers more restricted than that of confirmed refugees.27
150.
However, the protection afforded to refugees and asylum seekers would not
apply once the application for asylum has been rejected. In such a case the
international law relating to refugees ceases to apply, and the migrant becomes
subject to the same laws regulating ordinary migrants. If they thus do not
comply with the regulations for migration they will be considered as irregular
https://epthinktank.eu/2015/10/27/refugee-status-under-international-law/.
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