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  • Refugee Status Determination

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    Angel Vermas
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    This document discusses refugee status determination (RSD), which is the process used to determine if someone qualifies for refugee status under international or national law. It defines a refugee as someone with a well-founded fear of persecution who is outside their country of nationality or habitual residence. An asylum seeker is someone who has applied for refugee status but whose claim has not been decided yet. The key principles discussed are that refugee status is determined the moment eligibility criteria are met, states have primary responsibility for RSD, and the principle of non-refoulement which prohibits returning someone to a place where they face danger. Alternative approaches and how RSD fits into the broader protection context are also addressed.

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    1. Refugee Status Determination

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    This document discusses refugee status determination (RSD), which is the process used to determine if someone qualifies for refugee status under international or national law. It defines a refugee as someone with a well-founded fear of persecution who is outside their country of nationality or habitual residence. An asylum seeker is someone who has applied for refugee status but whose claim has not been decided yet. The key principles discussed are that refugee status is determined the moment eligibility criteria are met, states have primary responsibility for RSD, and the principle of non-refoulement which prohibits returning someone to a place where they face danger. Alternative approaches and how RSD fits into the broader protection context are also addressed.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    5 views9 pages

    Refugee Status Determination

    Uploaded by

    Angel Vermas
    This document discusses refugee status determination (RSD), which is the process used to determine if someone qualifies for refugee status under international or national law. It defines a refugee as someone with a well-founded fear of persecution who is outside their country of nationality or habitual residence. An asylum seeker is someone who has applied for refugee status but whose claim has not been decided yet. The key principles discussed are that refugee status is determined the moment eligibility criteria are met, states have primary responsibility for RSD, and the principle of non-refoulement which prohibits returning someone to a place where they face danger. Alternative approaches and how RSD fits into the broader protection context are also addressed.

    Copyright:

    © All Rights Reserved
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    of 9

    Refugee Status Determination

    Session 1
    A refugee is “any person who... owing to a well
    An asylum seeker is an individual who is founded fear of being persecuted for reasons of
    seeking international protection. In countries race, religion, nationality, membership of a particular
    with individualized procedures, an asylum social group or political opinion, is outside the
    seeker is someone whose claim has not yet country of his nationality, or habitual residence if
    been finally decided on by the country in which without a nationality, and is unable or, owing to such
    the claim is submitted. fear, is unwilling to avail himself of the protection of
    that country.”
    What is RSD
    • Refugee Status
    Determination (RSD) is
    the process of
    establishing whether an
    individual is entitled to
    refugee status under
    international or national
    legal frameworks.
    Declaratory Nature
    • A person becomes a
    refugee the moment he
    or she satisfies the
    definition of a refugee
    under international
    and/or regional
    instruments.
    State responsibility
    • States have the primary
    responsibility for
    identifying those who can
    benefit from international
    protection and enjoy the
    rights and entitlements
    which are attached to
    refugee status.
    Principle of Non-
    Refoulement
    • Everyone has the right to
    seek and enjoy asylum
    • No one shall be returned to
    a place where his/her life
    or freedom is in danger
    Alternative Approaches
    • Temporary protection or
    stay arrangements not
    requiring individual
    assessments
    • Access to other residency
    status
    • Registration which
    provides access to rights
    • Complementary pathways
    RSD in the broader
    protection context
    • RSD is a process through
    which protection needs
    and risks can be identified
    and facilitate access to
    rights and solutions
    Self-Reflection
    • How do you see PAO’s
    role in RSD?
    • How do you see PAO’s
    role in the broader
    protection framework?

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