Refugee Status Determination

Refworld 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 (in French)
Protocol Relating to the Status of Refugees, 30 January 1967 (in French)
Statute of the Office of the United Nations High Commissioner for Refugees, 14 December 1950 (in French)
Convention Governing the Specific Aspects of Refugee Problems in Africa ("OAU Convention"), 10 September 1969 (in French)
Cartagena Declaration on Refugees, 22 November 1984 ("OAU Convention"), 10 September 1969 (in Spanish)
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), European Union: Council of the European Union, OJ L 337; December 2011, pp 9-26, 20 December 2011 (in French)

UNHCR RSD Handbook and Accompanying Guidelines

Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, HCR/1P/4/ENG/REV. 3, December 2011 (Compilation) (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 French)
Guidelines on International Protection 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 (in French)
Guidelines on International Protection 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 (in French)
Guidelines on International Protection No. 11: Prima Facie Recognition of Refugee Status, HCR/GIP/15/11, 24 June 2015

UNHCR Policy Documents Related to RSD

Guidelines on Exemption Procedures in respect of Cessation Declarations, December 2011 (in French)
Note on Suspension of "General Cessation" Declarations in respect of particular persons or groups based on acquired rights to family unity, December 2011 (in French)
Guidance Note on Refugee Claims Relating to Victims of Organized Gangs, March 2010 (in Spanish)
Revised Note on the Applicability of Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian Refugees, October 2009
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
Guidance Note on Extradition and International Refugee Protection, April 2008 (in French)
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, Spanish & Russian )
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)
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.