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Saint Helena - Asylum and Recognised Refugee Status

Saint Helena, Ascension and Tristan da CunhaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Saint Helena, Ascension and Tristan da Cunha Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

It is asylum: a request to be recognised as a refugee under the Refugee Convention, made on the basis that it would be contrary to St Helena's obligations under that Convention for the person to be removed from or required to leave St Helena.

See recorded sources
  • chars 75785-76069
    “asylum seeker” means a person who makes a request to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to St Helena’s obligations under that Convention for the person to be removed from or required to leave St Helena;

Which population, circumstances or geographic group does the mechanism cover?

It covers a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of that country's protection, or a person without a nationality who is outside the country of former habitual residence and is unable or, owing to such a fear, unwilling to return to it; persons referred to in sub-rules (2) or (3) are excluded.

See recorded sources
  • chars 76070-76878
    “refugee” means any person who— (a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or (b) not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to a well-founded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion, is unwilling to return to it, but does not include any person referred to in sub-rule (2) or (3);

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

It is an in-country request: a person who is within St Helena, whether he or she entered lawfully or otherwise, and who wishes to remain as a refugee may apply to the Board for recognition of refugee status within 7 days of arrival, or within such further period as the Board allows on good cause shown, either on the approved form or in person.

See recorded sources
  • chars 79097-79552
    3. (1) A person who is within St Helena (whether he or she has entered St Helena lawfully or otherwise) and who wishes to remain in St Helena as a refugee may, within 7 days of his or her arrival in St Helena, or within such further period as the Board allows on good cause shown to its satisfaction, apply to the Board for recognition of his or her status as a refugee in terms of the Refugee Convention either on the approved form or in person.

What happens after the request: registration, family handling, major support and rights where officially stated?

Answer not available

Which competent authority, UN body or official assistance channel should the person use?

The Board decides the claim, and for the purpose of inquiring into or investigating an application it may seek the assistance of any expert as an advisor, the assistance of the British Government, or the assistance or cooperation of the United Nations High Commissioner for Refugees or any non-governmental organisation. The official source does not name an assistance channel the applicant may approach directly.

See recorded sources
Limits of the record
  • The Rules do not give an assistance channel the applicant may approach directly, and state no fraud or scam warning.
  • chars 82528-82871
    (2) The Board may for the purpose of inquiring or investigating any application seek— (a) the assistance of any expert as an advisor; (b) the assistance of the British Government; or (c) the assistance or cooperation of United Nations High Commissioner for Refugees or any non-governmental organisation.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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