Asylum Access

UNHCR Refugee Status Determination and its Implications for Refugee Rights: Abstract

Under a variety of arrangements with host governments, the United Nations High Commissioner for Refugees (UNHCR) conducts or assists in Refugee Status Determination (RSD) in approximately 80 countries in the global south. In many countries, a positive RSD is required for asylum or other protection from detention and/or deportation. Without a positive RSD, a refugee may face violation of his or her right to nonrefoulement and other fundamental international human rights.

This presentation covers the "nuts and bolts" of UNHCR RSD, explaining how the process works and what substantive and procedural legal issues it can raise. A basic understanding of UNHCR RSD is important for all U.S. immigration attorneys because a negative UNHCR RSD can affect a refugee not only within the global south, but also in his or her attempts to obtain asylum in the U.S. For attorneys hoping to practice international refugee law, an understanding of UNHCR RSD is essential.

This presentation also addresses some of the broader questions arising from UNHCR's involvement as a gatekeeper for refugees seeking protection within the global south. When UNHCR sits in the adjudicator's seat, someone else must sit in the advocate's seat. The presentation discusses the implications of UNHCR's unique and complex role in the global south and identifies potential strategies for advocates to ensure that a refugee's rights are protected throughout the RSD process.

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