`  == Migrants and refugees ==  A refugee is, according to the 1951 Refugee Convention, any person who ``owing to a well-founded fear`` of persecution is outside their country of nationality and ``unable`` or ``unwilling`` to seek the protection of that country. To gain the status, one has to go through the legal process of claiming asylum. The 1951 Refugee Convention: http://www.unhcr.org/pages/49da0e466.html  As soon as someone fleeing persecution and mortal danger gets into a country where he/she is no longer persecuted but still caries on ``fleeing`` without invitation by a third country, he/she is no longer a refugee but a migrant.   The only real refugees in Europe Schengen Area are Lybian citizens whose country is a direct neighbour to the Schengen Area.`