Refugee status determination conducted by UNHCR

Abstract

This article examines the practice of refugee status determination as conducted by UNHCR, looking particularly at UNHCR's practice in a number of Asian countries. Although the practice differs from one office to another, the practice is found to be generally deficient when assessed in the light of international human rights law, and by comparison with the practices of many governments. In some respects, the standards which UNHCR lays down for governments are not complied with in the practices of UNHCR itself. The author argues that international human rights law now prescribes standards for refugee status determination, and that UNHCR is bound to comply with these standards. The article further points out that there have been considerable advances in administrative law systems in many countries in recent years, based on the need for governments to be open and accountable to the people they serve. These advances have had considerable impact on refugee status determination processes in many countries, but appear to have made little impact on UNHCR. The article argues that UNHCR's own refugee status determination process needs a major overhaul. In line with its responsibility (and current priority) of promoting refugee law to governments, UNHCR should, in its own practice, be providing a model for all governments to aspire to.

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