As Sri Lanka is not party to the 1951 UN Convention on the Status of Refugees or its 1967 Protocol, and there is no existing national asylum policy or legislation, UNHCR carries out Refugee Status Determination (RSD) on the basis of its agreement with the Government of Sri Lanka.

Who is a Refugee?
A refugee is a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social groups 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 afforded by that country.

In addition, UNHCR’s mandate is extended to any person who is outside his or her country of origin and unable to return there owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing to public order.

Race
Race, in the broadest definition, includes all ethnic groups. Racial discrimination which becomes incompatible with the enjoyment of the most elementary human rights and leads to serious consequences or harm to an individual would likely substantiate a claim to refugee status.

Religion
Every person has the right to practise his or her religion. Persecution on the grounds of religion may include measures aimed at a particular religious community which prohibits one’s membership in a religious organisation, the ability to worship, participation in religious ceremonies, or providing religious instruction.

Nationality
The term nationality refers to membership in ethnic or linguistic groups and may overlap with the ground of ’race’. Where groups of different nationalities that live together within a state are in conflict, there is potential for persecution and a claim to refugee status if one group is forced across a national border.

Membership of a ’particular social group’
Persons of similar background, habits or social status may comprise ’a particular social group. ’ Social groups may be defined by innate and unchangeable characteristics such as linguistic background, gender or sexual orientation, or may be persons who associate for reasons so fundamental to their dignity that they cannot be forced to forsake the association.

Political Opinion
The applicant must either hold political opinions not tolerated by the authorities or be assumed by them to hold such opinions. 

For more information please visit the Refugees section on the UNHCR Global website

Who is an Asylum Seeker?
An asylum seeker is an individual who is seeking international protection. In Sri Lanka, asylum seekers must apprach UNHCR for registration and access to the status detemination process. Once UNHCR ascertains an asylum seeker’s claim to be legitimate, s/he becomes a refugee.

For information on how to approach UNHCR please see the Contact Us section.

Asylum seekers and the law
By virtue of your presence in Sri Lanka as an asylum seeker or refugee, you are subject to the laws of Sri Lanka. You should conduct yourself accordingly at all times. As Sri Lanka has no refugee specific laws, your entry, stay and departure are regulated under the laws applicable to all foreigners. If you are an asylum seeker or a refugee and have concerns regarding your status, you may wish to contact UNHCR for information.

(i) Refugees & Asylum seekers in Sri Lanka
(ii) Sri Lankan Refugees elsewhere