Asylum is a form of protection granted to individuals who are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The right to seek asylum is protected by international law, and refugees, asylum seekers, and migrants have the same rights as everyone else, plus special or specific protections. Asylum is a discretionary status, meaning that some individuals can be denied asylum even if they meet the definition of a refugee. Asylum seekers must be physically present in the country where they are seeking asylum or be seeking entry into that country at a port of entry.
Asylum falls into three basic categories: territorial, extraterritorial, and neutral. Territorial asylum is granted within the territorial bounds of the state offering asylum and is designed primarily for the protection of persons accused of political offenses such as treason, desertion, sedition, and espionage. Extraterritorial asylum refers to asylum granted in embassies, legations, consulates, warships, and merchant vessels in foreign territory and is thus granted within the territory of the state from which protection is sought. Neutral asylum is granted by a state that is not involved in the conflict or situation that has caused the person to flee.
It is important to note that asylum cannot be granted to persons with respect to whom there are serious indicia that they may have committed international crimes, such as crimes against humanity, war crimes, and crimes against peace.
