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Can Indians claim asylum in other countries under international refugee law?

Can Indians claim asylum in other countries under international refugee law?

20-Aug-2025

International Law

Answer By law4u team

Yes. Indians can seek asylum in another country under international refugee law if they can prove they meet the definition of a “refugee” under the 1951 Refugee Convention and its 1967 Protocol (or the specific asylum laws of that country). Key points: A refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group, and cannot or will not seek protection from their own country. India itself is not a signatory to the 1951 Convention, but Indian citizens can still apply for asylum in countries that are signatories. The burden of proof is on the applicant to show that returning to India would place them at real risk of persecution, and that protection is not available from Indian authorities. Political asylum cases from India are often scrutinised closely because India is a democratic country with constitutional safeguards; applicants must show specific, credible, and personal threats. If asylum is granted, the person gains refugee status under that country’s laws; if rejected, they may face deportation back to India.

Answer By Anik

Dear Client, Yes, it is a fact that Indian citizens may claim asylum in other countries as per international refugee laws. Also it is a universal human right which is available to all persons regardless of their country of origin. the main principles and also requirements: The Definition of a Refugee In the 1951 Refugee Convention and its 1967 Protocol we see that a refugee is defined as a person who is from a different country than their own and has a “well founded fear” of persecution which is due to:. Race Religion Nationality Membership of a particular social group Political opinion To be given asylum a person has to present a well founded fear. We don’t just grant it to those fleeing poverty or looking for better economic prospects; we require that the claim be that of a serious risk of persecution by the state or by non state actors which the state is either not able or not willful to control. The Right to Seek Asylum Article 14 of the Universal Declaration of Human Rights states that which is that all people have the right to seek and to enjoy in any other country refuge from persecution. This is true for all individuals no matter what their nationalities. Though India is a non-signatory to the 1951 Refugee Convention this does not play a role in an Indian citizen’s ability to seek asylum in a state which is a party to the Convention. The country which is putting forth the asylum claim will see which laws apply to that case. The Asylum Process The process of applying for asylum includes:. Upon arrival in the which you are seeking refuge in. This may be done legally or illegally. By international law it is forbidden for states to punish asylum seekers who enter without authorization if they are coming from a territory of which they had fear for their life or freedom. Filing for asylum at the appropriate government body (i.e. immigration office, refugee agency). Through the Refugee Status Determination (RSD) process which usually includes in depth interviews to assess the claim’s validity and the evidence of persecution. Receiving notice of the decision. Should the claim be accepted the person is given refugee status and legal protection which includes the right to live and work in the host country. Should the claim be turned down the individual may be removed. As also to be noted is that asylum is a type of protection which does not guarantee permanent residence. The process is also very long and complex which is why it is important to present a strong and documented case. I have that you will find answers in here, if not at your disposal to get in touch. Thank you!

Answer By Ayantika Mondal

Dear Client, Under the 1951 Refugee Convention and its 1967 Protocol which are the pillars of international refugee law, any person including Indian citizens may put forth an application for asylum in a foreign country if that person meets the legal criteria of a “refugee. According to Article 1(A)(2) of the Convention a refugee is a person who out of a justifiable fear of being persecuted for issues of race, religion, nationality, participation in a certain social group, or political opinion is in another state which he has left in order not to use, or to leave it, as a result of that fear. Thus, an Indian national may apply for asylum in another country if they present:. A well-founded fear of persecution, and That the discrimination is of which international law recognizes as a base. Also it should be noted that:. In each case the host country has the right to grant asylum and it’s up to every nation to apply their own domestic asylum procedures which at the same time must comply with international obligations. India has not signed the 1951 Refugee Convention or its Protocol which it is a party to, which in turn does not stop its citizens from seeking asylum in other countries. At present, it is that which Indian citizens may put forth claims for asylum per international refugee law which they fit into the put forth criteria, though the acceptance of such claims is at the host country’s discretion and within their procedural framework. I have tried to answer your questions, should these responses not help you at all please do get back in touch. Thank you!

Answer By Anik

Dear Client, Yes, Indian nationals can claim asylum in other countries under international refugee law, but it is a complex process with specific criteria. The fundamental principle of international refugee law is that every person has the right to seek asylum. However, the right to seek asylum is not the same as a guarantee that it will be granted. 1. The Core Definition of a "Refugee" The basis for all asylum claims is the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. According to this convention, a person is a refugee if they are outside their country of nationality and have a "well-founded fear of being persecuted" for reasons of: Race Religion Nationality Membership of a particular social group Political opinion 2. The "Well-Founded Fear of Persecution" This is the most critical element of any asylum claim. A person seeking asylum must be able to demonstrate that their fear of persecution is both subjective (they genuinely fear harm) and objective (there is a factual basis for that fear). This goes beyond general crime, economic hardship, or civil unrest. The persecution must be targeted and systematic, and the individual must show that their home country's government is either unwilling or unable to protect them. For Indian nationals, some of the reasons cited for asylum claims in various countries (like the U.S. and U.K.) have included: Religious persecution: Claims from individuals belonging to minority religious groups who allege persecution from extremist elements. Political opinion: Journalists, political activists, or those who have spoken out against the government and claim they face threats to their life or liberty. Membership in a particular social group: This can include individuals from the LGBTQ+ community or specific ethnic and linguistic minorities who allege discrimination and persecution. 3. The Process of Seeking Asylum The process is generally a legal or administrative procedure called Refugee Status Determination (RSD). Application: The individual must be physically present in the country where they are seeking asylum. It is not possible to apply for asylum from outside the country at an embassy. Interview and Evidence: The applicant will be interviewed by an asylum officer or immigration official. They must provide a detailed account of their fear of persecution and provide evidence to support their claim. This evidence can include news articles, police reports, or other documentation. Country of Origin Information (COI): The host country's authorities will conduct their own research on the conditions in India to verify the claims made by the applicant. This information is used to assess the objective basis of the fear of persecution. 4. Important Considerations for Indian Nationals India is a Democracy: India is a democratic country with a robust legal system. Asylum applications from a democratic country are often subject to a higher level of scrutiny. The applicant must prove that the state itself is the persecutor, or that it is unable to provide protection from non-state actors. The presence of legal and judicial avenues for redressal within India makes this a challenging threshold to meet. UNHCR's Role: While most countries handle asylum claims through their own national authorities, the United Nations High Commissioner for Refugees (UNHCR) may play a role in countries that are not signatories to the 1951 Convention or do not have a robust national asylum system. However, for most Western countries, the national government handles the process. Denial of Claims: Many asylum claims from Indian nationals are denied. Common reasons include a lack of credibility in the applicant's testimony, insufficient evidence to prove a well-founded fear of persecution, or a failure to meet the strict legal definition of a refugee. In summary, while an Indian national can legally seek asylum in other countries, the success of their claim depends entirely on their ability to demonstrate a "well-founded fear of being persecuted" based on the specific grounds outlined in international law. This is a high bar, and the burden of proof rests squarely on the applicant. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!