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Unauthorised arrival

An unauthorised arrival is a person who has arrived in a country when they are not a citizen of that country, do not have a visa to enter that country, and have no possibility of entering by legal means.

A person is described as an unauthorised arrival when they have crossed a national border with the intention of applying for refugee status, making them asylum seekers. If a person enters a country without authorisation intending to live and work in that country, then they are an illegal immigrant.

Under the 1951 Convention relating to the Status of Refugees a person has the right to cross national borders if they are seeking asylum from persecution. This right is not recognised by all countries, some of whom imprison asylum seekers who arrived without authorisation.

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