the russian federation's law on refugees defines who is a refugee for purposes of obtaining asylum in the country. the law defines a refugee as a "person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. upon receiving an asylum seeker's application, the russian migration service (former "fms") determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.