Refugee Status Determination Procedure

Daniel Ghezelbash

Chapter 78 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 455-460 from Edward Elgar Publishing

Abstract: This entry critically examines how countries decide who is a refugee, a process known as refugee status determination (RSD). Fair and effective RSD procedures are essential to ensuring refugees can access protection and for states to comply with their obligations under the Refugee Convention and international human rights law. Yet, the design of domestic RSD procedures occurs in a highly politicized environment, with states weighing up competing interests and goals. The entry examines the relevant obligations under international refugee and human rights law to identify minimum constituent elements for RSD procedures. It then explores key controversies, including restrictive RSD practices, lack of transparency, high degrees of inconsistency in RSD outcomes within and across countries, and emerging issues around the application of artificial intelligence and automated decision-making.

Keywords: Asylum process; Procedures; Fairness; Efficiency; Refugee law; Human rights law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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