Refugee Status Determination

Refworld contains a wealth of documents related to the refugee status determination process, including legal, policy and background information. This "Special Feature" on refugee status determination is regularly maintained and contains legal, policy and operational material.

• Legal Documents Related to RSD
• Convention Relating to the Status of Refugees, 28 July 1951
• Protocol Relating to the Status of Refugees, 30 January 1967
• Statute of the Office of the United Nations High Commissioner for Refugees, 14 December 1950
• Convention Governing the Specific Aspects of Refugee Problems in Africa ("OAU Convention"), 10 September 1969
• Cartagena Declaration on Refugees, 22 November 1984
• Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted, Official Journal of the European Union, L 304/12, 30 September 2004

• UNHCR RSD Handbook and Accompanying Guidelines
• Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, HCR/IP/4/Eng/REV.1, 1979 (Re-edited, January 1992) (in French)
• 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in French)
• Guidelines on International Protection 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 (in Spanish and German)

• UNHCR Policy Documents Related to RSD
• Guidance Note on Refugee Claims Relating to Victims of Organized Gangs, March 2010 (in Spanish)
• Guidance Note on Refugee Claims relating to Female Genital Mutilation, May 2009 (in French)
• UNHCR Note on the Interpretation of Article 1E of the 1951 Convention relating to the Status of Refugees, March 2009
• UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity, 21 November 2008 (in French)
• Guidance Note on Extradition and International Refugee Protection, April 2008
• UNHCR 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 (in French)
• UNHCR 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 (in French)
• UNHCR Note on Refugee Claims Based on Coercive Family Planning Laws or Policies, August 2005 (in French)
• Note on the Cancellation of Refugee Status, 22 November 2004 (in French)
• Procedural Standards for Refugee Status Determination Under UNHCR's Mandate, 20 November 2003 (in French)
• Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees, 4 September 2003 (in French)
• Note on the Applicability of Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian Refugees, 2 October 2002 (in French)
• Asylum Processes (Fair and Efficient Asylum Procedures), 31 May 2001 (in French)
• Interpreting Article 1 of the 1951 Convention Relating to the Status of Refugees, 1 April 2001 (in French)
• The Cessation Clauses: Guidelines on Their Application, 26 April 1999
• Note on Burden and Standard of Proof in Refugee Claims, 16 December 1998
• Agents of Persecution - UNHCR Position, 14 March 1995

• UNHCR ExCom and Standing Committee
• Refugee status determination procedures have long been a topic under discussion both within UNHCR's Executive Committee and in the Standing Committee. Below are some references to key documents.
• Executive Committee Conclusion No. 94 (LIII) - 2002, Conclusion on the Civilian and Humanitarian Character of Asylum, 8 October 2002 (in French)
• Background Note on the Safe Country Concept and Refugee Status, EC/SCP/68, 26 July 1991
• Executive Committee Conclusion No. 30 (XXXIV) - 1983, The Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylums, 20 October 1983 (in French)
• Executive Committee Conclusion No. 12 (XXIX) - 1978, Extraterritorial Effect of the Determination of Refugee Status, 17 October 1978 (in French)
• 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
• Executive Committee Conclusion No. 8 (XXVIII) - 1977, Determination of Refugee Status, 12 October 1977 (in French)
• Note on Determination of Refugee Status under International Instruments, EC/SCP/5, 24 August 1977

• Documents Related to RSD
• All Country Information reports
• All reports relating to refugee status by all sources
• All national legislation relating to refugee status and asylum
• Cancellation of Refugee Status, Legal and Protection Policy Research Series No. 3, PPLA/2003/02, March 2003

• Top Countries of Origin, RSD by UNHCR
• Myanmar
• Iraq
• Ethiopia
• Afghanistan
• Somalia
• Sudan
• Iran
• Eritrea
• Chad
• Sri Lanka

• Tools
• Self-Study Module 2: Refugee Status Determination. Identifying Who is a Refugee (in French)
• UNHCR Tool Boxes on EU Asylum Matters, September and November 2003
• Syllabus "The Refugee Law Reader. Cases, Documents, and Materials", Fourth Edition, January 2008
• Guide to International Refugee Law Resources on the Web, By Elisa Mason, published on 15 July 2000 (external link)
• Commentary of the Refugee Convention 1951 (Articles 2-11, 13-37), Professor Atle Grahl-Madsen, 1963 (re-published by the Department of International Protection, October 1997)

• Related UNHCR Links
• The Refugee Status Determination Unit and RSD Project
• Promoting Refugee Protection
• The 1951 Refugee Convention (including List of States Parties, Reservations and Declarations, Map of States Parties, Travaux préparatoires, and 50th Anniversary

• Related Internet Links
• European Union: Freedom Security and Justice - Asylum
• International Association of Refugee Law Judges (IARLJ)
• Inter-Governmental Consultations on Asylum, Refugee and Migration Policies (IGC)
• The Refugee Law Reader. Cases, Documents, and Materials
• UN Audiovisual Library of International Law: Convention Relating to the Status of Refugees