Refugee Status Determination
In this section
Introduction
Refworld documents related to the refugee status determination process, including legal, policy and procedural documents.
Legal Instruments
- Statute of the Office of the United Nations High Commissioner for Refugees, UN General Assembly, 14 December 1950
- Convention Relating to the Status of Refugees, UN General Assembly, 28 July 1951
- Protocol Relating to the Status of Refugees, UN General Assembly, 30 January 1967
- Convention Governing the Specific Aspects of Refugee Problems in Africa ("OAU Convention"), Organization of African Unity, 10 September 1969
- Cartagena Declaration on Refugees, 22 November 1984
- Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast), Council of the European Union, OJ L 337; December 2011, pp 9-26, 20 December 2011
-> All national legislation relating to refugee status and asylum
Executive Committee and Standing Committee Documents
ExCom Conclusions
- No. 94 (LIII): Conclusion on the Civilian and Humanitarian Character of Asylum (2002)
- No. 30 (XXXIV): The Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylums (1983)
- No. 12 (XXIX): Extraterritorial Effect of the Determination of Refugee Status (1978)
- No. 8 (XXVIII): Determination of Refugee Status (1977)
Standing Committee Notes
- Refugee Status Determination, EC/67/SC/CRP.12, 31 May 2016
- Background Note on the Safe Country Concept and Refugee Status, EC/SCP/68, 26 July 1991
- Note on the Extraterritorial Effect of the Determination of Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, EC/SCP/9, 24 August 1978
- Note on Determination of Refugee Status under International Instruments, EC/SCP/5, 24 August 1977
Policy Documents
UNHCR RSD Handbook and Guidelines on International Protection
Handbook
Guidelines on International Protection
- No. 1: Gender-Related Persecution Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, HCR/GIP/02/01, 7 May 2002
- No. 2: "Membership of a Particular Social Group" Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, HCR/GIP/02/02, 7 May 2002
- No. 3: Cessation of Refugee Status under Article 1C(5) and (6) of the 1951 Convention relating to the Status of Refugees (the "Ceased Circumstances" Clauses), HCR/GIP/03/03, 10 February 2003
- No. 4: "Internal Flight or Relocation Alternative" Within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees, HCR/GIP/03/04, 23 July 2003
- No. 5: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees, HCR/GIP/03/05, 4 September 2003
- No. 6: Religion-Based Refugee Claims under Article 1A(2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees, HCR/GIP/04/06, 28 April 2004
- No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons At Risk of Being Trafficked, HCR/GIP/06/07, 7 April 2006
- No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, HCR/GIP/09/08, December 2009
- No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, HCR/GIP/12/01, 23 October 2012
- No. 10: Claims to Refugee Status related to Military Service within the context of Article 1A (2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees, HCR/GIP/13/10, 3 December 2013
- No. 11: Prima Facie Recognition of Refugee Status, HCR/GIP/15/11, 24 June 2015
- No. 12: Claims for refugee status related to situations of armed conflict and violence under Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees and the regional refugee definitions, HCR/GIP/16/12, 2 December 2016
No. 13: Applicability of Article 1D of the 1951 Convention relating to the Status of Refugee to Palestinian Refugees, HCR/GIP/16/12, December 2017
UNHCR Guidance and Notes
Inclusion
- Guidance Note on Refugee Claims Relating to Victims of Organized Gangs, March 2010
- Guidance Note on Refugee Claims relating to Female Genital Mutilation, May 2009
- Position on Claims for Refugee Status Under the 1951 Convention relating to the Status of Refugees Based on a Fear of Persecution Due to an Individual's Membership of a Family or Clan Engaged in a Blood Feud, 17 March 2006
- Note on Refugee Claims Based on Coercive Family Planning Laws or Policies, August 2005
- Note on Burden and Standard of Proof in Refugee Claims, 16 December 1998
- Agents of Persecution - UNHCR Position, 14 March 1995
Exclusion and Cancellation
- Note on the Interpretation of Article 1E of the 1951 Convention relating to the Status of Refugees, March 2009
- Guidance Note on Extradition and International Refugee Protection, April 2008
- Guidelines on the Application in Mass Influx Situations of the Exclusion Clauses of Article 1F of the 1951 Convention relating to the Status of Refugees, 7 February 2006
- Note on the Cancellation of Refugee Status, 22 November 2004
- Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees, 4 September 2003
Cessation
- Guidelines on Exemption Procedures in respect of Cessation Declarations, December 2011
- Note on Suspension of "General Cessation" Declarations in respect of particular persons or groups based on acquired rights to family unity, December 2011
- The Cessation Clauses: Guidelines on Their Application, 26 April 1999
Research and Reports
Research
- Refugee Status Determination Backlog Prevention and Reduction, Brian Barbour, January 2018
- Commentary on the Refugee Convention 1951 (Articles 2-11, 13-37), Professor Atle Grahl-Madsen, UNHCR, 1963 (re-published by UNHCR, October 1997)
Reports
-> All reports relating to refugee status determination (RSD) / asylum procedures
In Focus: 2020 RSD Procedural Standards
On 26 August 2020 UNHCR published a revised and updated version of the Procedural Standards for RSD under UNHCR’s Mandate (RSD Procedural Standards), originally published in 2003, which sets out core standards and best practices to ensure harmonised, efficient and quality UNHCR RSD procedures, including for reception and registration.
Full Booklet
By Chapter
- Unit 1: Introduction
- Unit 2.1: Confidentiality and Data Protection in UNHCR RSD Procedures
- Unit 2.2: Refugee Status Determination (RSD) File Management and Recordkeeping Procedures
- Unit 2.3: Physical Facilities for RSD Procedures
- Unit 2.4: Office Security
- Unit 2.5: Interpretation in UNHCR RSD Procedures
- Unit 2.6: Feedback and Complaints
- Unit 2.7: Legal Representation in UNHCR RSD Procedures
- Unit 2.8: Children in UNHCR RSD Procedures
- Unit 2.9: Applicants with Mental Health Conditions or Intellectual Disabilities in UNHCR RSD Procedures
- Unit 3: Reception and Registration for Mandate RSD
- Unit 4: Adjudication of Refugee Status Claims
- Unit 5: Processing Claims Based on the Right to Family Unity
- Unit 6: Notification of RSD Decisions
- Unit 7: Appeal of Negative RSD Decisions
- Unit 8: UNHCR Refugee Identity Documentation
- Unit 9: Procedures for RSD Case Closure and Re-opening
- Unit 10: Procedures for Cancellation and Revocation of Refugee Status
- Unit 11: Procedures for Cessation of Refugee Status
- Annex: Aide Memoire & Glossary of case processing modalities, terms and concepts applicable to RSD under UNHCR's mandate
See also
Tools and Training
UNHCR
- Beyond Proof, Credibility Assessment in EU Asylum Systems : Full Report, May 2013
- Self-Study Module 2: Refugee Status Determination. Identifying Who is a Refugee, 1 September 2005
Other Sources
- Credibility Assessment in Asylum Procedures - A Multidisciplinary Training Manual, Volume 2, Hungarian Helsinki Committee, 2015
- Credibility Assessment in Asylum Procedures - A Multidisciplinary Training Manual, Hungarian Helsinki Committee, 2013
- The Refugee Law Reader. Cases, Documents and Materials Sixth Edition, Hungarian Helsinki Committee, November 2011
Other Relevant Links
Refworld
UNHCR Protection Manual
Documents
- Guide on how to establish a refugee law clinic, Hungarian Helsinki Committee, 31 August 2020
- Guide to International Refugee Law Resources on the Web, Elisa Mason, Forced Migration Current Awareness, updated March 2023
Websites
- ACCORD: Country of Origin Information (COI) database
- European Union: Common European Asylum System
- International Association of Refugee and Migration Judges (IARMJ)
- OHCHR Jurisprudence (UN Treaty Bodies case law database)
- UN Audiovisual Library of International Law: Convention Relating to the Status of Refugees