Under the Kenyan Refugees Act of 2006, asylum seekers in Kenya have to apply to the Commissioner for Refugee Affairs (the Commissioner) for first-instance consideration of their asylum claim. If they are dissatisfied with the decision of the Commissioner, they…
Refugee status determination (RSD) is normally assumed to be the primary responsibility of States. However, as part of its mandate, UNHCR may conduct RSD when a State is unable or unwilling to perform this task, for example, if that State…
In a rare dual system, refugee status determination (RSD) in India is divided between the government and UNHCR. Asylum seekers arriving from non-neighbouring countries, plus Myanmar, are required to approach UNHCR for the determination of their status and for documentation.…
The primary responsibility for refugees – and therefore for refugee status determination (RSD) – lies with States but UNHCR conducts RSD where States are unwilling or less able to do so. Over a 20-year period (1998–2018), there has been some…
One of the most notable recent shifts in the European Union’s asylum policy is the increasing role of the EU’s European Asylum Support Office (EASO)[1] in refugee status determination (RSD). Initially EASO’s mandate was heavily focused on activities such as…
The use of country guidance case law is now a well-established tool in refugee recognition in the UK, with lawyers, State decision-makers and independent judges using these determinations. There now exist over 300 country guidance cases relating to asylum seekers…
Appeals against negative refugee status determination (RSD) decisions are an essential component of fair asylum procedures and provide crucial oversight of the quality and accuracy of initial decisions. And yet, a worrying trend among signatories of the 1951 Refugee Convention…
Prior to 2013, responsibility for refugee status determination (RSD) in Greece, a major entry point to Europe for undocumented migrants and asylum seekers, traditionally lay with its police and the ministry responsible for public order. The country’s asylum system was…
The road to refugee status determination is often strewn with obstacles, involving multiple interviews and long waiting periods. When refugees are recognised on a group determination basis, the process becomes relatively more straightforward, and can be more efficient for all…
Brazil has offered two legal pathways for displaced Venezuelans who have entered the country since 2015. The first avenue entails residency permits and the second is through refugee status. Regularisation of Venezuelans’ legal status through the provision of residency permits…