“Refugee status determination means an examination by a government authority or UNHCR of whether an individual who has submitted an asylum application or otherwise expressed his or her need for international protection is indeed a refugee – that is, whether his or her situation meets the criteria specified in the applicable refugee definition. A person does not become a refugee by virtue of a recognition decision by the host country or UNHCR, but is recognized because he or she is a refugee. In other words, the recognition decision is declaratory: it acknowledges and formally confirms that the individual concerned is a refugee.”
– UN High Commissioner for Refugees, Self-Study Module 2: Refugee Status Determination. Identifying Who is a Refugee, 1 September 2005, available at: http://www.refworld.org/docid/43141f5d4.html [accessed 19 August 2013]
“The 1951 Convention leaves it to each contracting state to establish the procedure it considers most appropriate for determining international protection needs. This does not have to be through an individual procedure; status may be granted on a prima facie basis. In 2010, eight out of ten refugees were hosted in countries of the developing world, mainly as a result of group or prima facie determinations of refugee status following large-scale influxes. For many years it was mainly countries in Europe, North America and Australia that operated individual refugee status determination procedures, Today, asylum seeking is a global phenomenon…By 2010, 100 countries had national refugee status determination procedures. In 46 countries that had not ratified the 1951 Convention or its 1967 Protocol, or where national asylum procedures were not fully functioning, UNHCR continued to determine refugee status under its mandate…UNHCR encourages states to assume their responsibilities for refugees, including through the development of national legal frameworks and the establishment of refugee status determination procedures.”
-UNHCR, The State of the World’s Refugees: In Search of Solidarity, Oxford: Oxford University Press, 2012, pp. 43-45.
“It is normally considered that the burden of proof, or the obligation to prove a claim or allegation, lies with the applicant. In addition to the general duty to tell the truth and cooperate with the decision-making authority, a refugee applicant should be provided a reasonable opportunity to present evidence to support his or her claim…In view of the particular nature of the refugee situation and the vulnerability of some asylum seekers, the decision-maker must share the duty to ascertain and evaluate all the relevant facts. Reference to relevant country of origin and human rights information by the decision-maker will assist in assessing the objective situation in an applicant’s country of origin.”
– Gorlick, Brian. “Common Burdens and Standards: Legal Elements in Assessing Claims to Refugee Status.” International Journal of Refugee Law 15 (3): 357-376.
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