Refugee Status Determination
The Refugee Status Determination (RSD) Unit undertake interviews with asylum seekers and assess whether applicants for refugee status meet the refugee criteria.
A vital part of being recognized as a refugee is Refugee Status Determination (RSD). This is the legal or administrative process by which governments or UNHCR determine whether a person seeking international protection is considered a refugee under international, regional or national law. States have the primary responsibility for determining the status of asylum-seekers, but UNHCR may do so where states are unable or unwilling.
The core standards and best practices to ensure harmonized, efficient and quality RSD procedures, including reception and registration, are presented in the “Procedural Standards for RSD under UNHCR’s Mandate.” Published in 2003, these are gradually being revised to reflect legal and procedural developments.
To strengthen the fairness, quality and efficiency of RSD procedures and decision-making, UNHCR develops and delivers specialized RSD training for UNHCR and government RSD staff and others involved in the asylum process, and supports the development and implementation of quality assurance initiatives.
In Kenya, the RSD process has been carried out by UNHCR since 1991 at the request of the Government. For the past few years, UNHCR has been working closely with the Government of Kenya to build and strengthen the capacity of the Ministry of Interior and Coordination of National Government in the field of refugee status determination. During this time, the RSD process was carried out jointly between UNHCR and the ministry. At the beginning of April 2013, this transition phase ended with the establishment of the national RSD process. UNHCR will continue to further build the capacity of the Ministry of Interior and Coordination of National Government by providing technical support and expertise to ensure the quality of the process.
On 10th April 2015, the Refugee Appeal Board (RAB) members were appointed by the Government of Kenya through Gazette Notice, in accordance with the Kenyan Refugee Act 2006. The RAB will assess and decide upon cases of asylum-seekers who have appealed against a negative decision taken at the first instance of the RSD process. UNHCR is also in the process of building the capacity of the RAB members to enable the Board discharge its functions.
