The study of refugees necessarily starts from law, because despite episodes of politically motivated migration, as well as the notion of asylum being a constant feature throughout history, the modern refugee institution is a legal one. As stated in Article 1A(2) of the 1951 UN Convention on the Status of Refugees and Stateless Persons, a refugee is a person who can, on a case- by-case or group basis, be determined to have a well-founded fear of being persecuted for reasons of race, religion, nationality, or membership of a particular social group or political opinion; who is outside the country of his nationality; and who is unable or, owing to such fear, is unwilling to avail himself of the protection of that country (UNHCR 2005: 55).
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