Frequently Asked Questions (FAQ)

 

To ask a question about UNHCR RSD, write us.

 

 

What is the relationship between UNHCR and host governments?

 

For UNHCR RSD to facilitate protection, government cooperation is essential. UNHCR itself has no mandate to directly provide protection; only governments can fully protect refugees. If host governments do not respect UNHCR’s refugee status determination (RSD) decisions, then even recognized refugees will be in danger of detention and deportation. In some countries, governments generally respect the rights of recognized refugees, but asylum-seekers with pending cases are routinely arrested and detained for varying periods.  Other governments respect a refugees’ right to remain both while their cases are pending, and after they are accepted. Occasionally, some governments have blocked asylum-seekers from even accessing a local UNHCR office.

 

Many refugees worry about whether UNHCR will share their information with the host government. There is no simple answer to this question; practices vary from country to country. However, it is clear that UNHCR should not give any information about an asylum-seeker or refugee to the government of his or her country of origin.

 

 

What is the relationship between RSD and resettlement at UNHCR?

 

Although not a rule and by no means universal, UNHCR tends to conduct individual RSD with urban refugee populations, and often in situations where local integration possibilities are limited. As a result, UNHCR refers many recognized refugees for resettlement to third countries.

 

The largest resettlement destinations are the USA, Canada, Australia, and Scandinavia.  Final decisions on resettlement are made by these governments, but often only applications referred by UNHCR are even considered. UNHCR refugee status determination hence takes on added importance as an initial gatekeeper for many western countries’ humanitarian immigration policies. It also places great strain on UNHCR RSD, because refugees often expect that UNHCR acceptance entitles them to resettlement. In fact, there is no such right in international law.  UNHCR’s RSD and UNHCR’s resettlement work are highly linked in practice, but not in law.

 

 

How can I help someone who is applying to UNHCR?

 

Asylum-seekers ideally should seek professional advice on preparing their refugee applications as early in the process as possible. In a few countries where UNHCR conducts RSD, there are human rights or legal aid organizations that regularly provide assistance to asylum-seekers. If you are living in a country where UNHCR conducts refugee status determination (RSD) and would like advice on how to assist an asylum-seeker or are looking for a referral, please write and we will try to find someone who can offer professional advice. Note that we cannot give direct legal assistance on individual cases, however, and professional legal assistance is available in only a few countries.

 

If no professional legal aid is available, the best advice to an asylum-seeker is to be completely honest and open with UNHCR in your application. Unfortunately, rumors often spread in refugee communities encouraging people to either hide information, or provide a false story. If you are genuinely afraid to go back to your country, you can give yourself the best chance of gaining UNHCR’s help by telling UNHCR everything that has happened to you that makes you feel afraid of going back to your country.

 

 

 

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This site is not associated with the UN High Commissioner for Refugees, and does not reflect the views of UNHCR.

RSDWatch.org

An independent source of information about the way the UN refugee agency decides refugee cases.

 

A project of Asylum Access