Refugee Status Determination Research Articles

Challenges and Future Development of China's Refugee Status Determination System

Challenges and Future Development of China's Refugee Status Determination System

Procedural fairness in automated asylum procedures: Fundamental rights for fundamental challenges

In response to the increasing digitalization of asylum procedures, this paper examines the legal challenges surrounding the use of automated tools in refugee status determination (RSD). Focusing on the European Union (EU) context, where interoperable databases and advanced technologies are employed to streamline asylum processes, the paper asks how EU fundamental rights can address the challenges that automation raises. Through a comprehensive analysis of EU law and several real-life cases, the paper focuses on the relationship between procedural fairness and the use of automated tools to provide evidence in RSD. The paper illustrates what standards apply to automated systems based on a legal doctrinal analysis of EU primary and secondary law and emerging case law from national courts and the CJEU. The article contends that the rights to privacy and data protection enhance procedural fairness in asylum procedures and shows how they can be leveraged for increased protection of asylum seekers and refugees. Moreover, the paper also claims that asylum authorities carry a new pivotal responsibility as the medium between the technologies, asylum seekers and their rights.

Intelligent Borders: Exploring the Suitability of Artificial Intelligence Systems in Refugee Status Determination Under International Law

Abstract This article assesses the potential use of Artificial Intelligence (AI) in Refugee Status Determination, exploring how AI systems, including biometrics, predictive analytics, and emotion recognition, could support or replace human decision-making in determining refugee status. While AI could speed up and improve the objectivity of Refugee Status Determination procedures, the article raises concerns about its limitations in assessing the subjective fear of persecution, a critical element of refugee claims. The inability of AI systems to fully account for emotional and personal nuances leads to the possibility of discriminatory practices, particularly when AI is used without human oversight. The study highlights how AI could exacerbate power imbalances between asylum-seekers and States, transforming these technologies into tools for anti-immigration policies. It therefore calls for caution in the use of AI in Refugee Status Determination procedures and stresses that human interaction remains essential for the fair assessment of refugee claims. This article concludes that while AI can assist in certain aspects of the Refugee Status Determination procedures, its full implementation without careful legal and human rights considerations poses significant risks.

Book review: Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination

Book review: Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination

Refugee sousveillance: observation and co-optation in The Displaced: Refugee Writers on Refugee Lives

Narratives are a matter of life and death for refugee subjects in the US. They are managed through a juridico-political process called Refugee Status Determination (RSD). Under the surveillant gaze of RSD, refugee subjects are forced to narrativize their lives using the language of persecution in exchange for state protection. This article contributes to critical refugee studies (CRS) scholarship which challenges the dehumanizing impacts of RSD’s surveillant gaze. Extending Vinh Nguyen’s concept of refugeetude, I develop a framework for refugee sousveillance. I define refugee sousveillance as the co-optation of refugee narratives such that they consciously defy the juridico-political surveillance of RSD towards a creative, open, coalitional future with other refugee subjects and marginalized groups. Refugee sousveillance applies bell hooks’ oppositional gaze (1992) and Browne’s (2015) dark sousveillance to refugeetude. Identifying a noteworthy collection of essays written by a coalition of elite refugee writers, I provide examples of refugee sousveillance as both process and product.

Cross-effects of cultural and gay capitals in access to refugee status on the grounds of SOGI in France: Study of the formal and informal preparations of West African men for asylum trials

Abstract According to literature, ethnocentric representations of homosexuality structure the decision to grant asylum, or not, on the ground of sexual orientation. This ethnocentric criticism has recently led to a technicalization of evaluation practices by asylum judges, which are now based on a narrative and discursive mastery, a field in which respondents are unequal depending on their cultural and gay capitals. While the assessment as such appears to be more equitable, Western norms of gender and sexuality, and practicing self-narrative through their prism, continue to impose themselves in different ways, particularly in formal associative accompaniment or in informal preparation for the refugee status determination process. A 2-fold ethnographic approach, attentive to associative backing and the daily experience of exile as formal and informal spaces of asylum preparation and identity formation, is used to analyse the manner in which cultural and gay capitals influence identity formation, preparation for asylum trials, and chances of obtaining refugee status.

Administrative Review in Refugee Cases: The Vulnerable Persons Guidelines and the Role of Legal Representatives

In this article, we examine how the vulnerability of asylum seekers informs the refugee status determination process in Australia, focussing on administrative review. As vulnerability is not defined under Australian migration law, we turn to international law to explore its meaning and its relationship with international non- refoulement obligations. We then examine the Administrative Appeals Tribunal’s (‘AAT’) Guidelines on Vulnerable Persons and, following a systematic review of published AAT decisions between 2015 and 2022, explore its impact on decision-making. This analysis shows that identifying a person as ‘vulnerable’ can have significant procedural and substantive implications for the review process. With a significant backlog of protection visa cases at the AAT and the imminent establishment of the new Administrative Review Tribunal, finally, we consider the role of legal representatives in complex cases involving vulnerable persons.

I balance suffering(s): The politics and moralities of humanitarian caseworkers in Egypt as a refugee transit point

AbstractIn a world where asylum and migration have become major concerns for countries of transit and destination, political neutrality seems to be demanded from humanitarian workers. But under the pressures of workload, limited funds, and complex settings, these actors deviate from expectations and practice extra‐legal authority of a unique political nature. When handling asylum cases, these agents take crucial decisions that decisively impact the lives of asylum seekers. In legally fragile transit points where the rule of law faces challenges and where asylum seekers come seeking further resettlement in European countries, rejected applicants face risky fates of deportation, jail, violence, or death. In turn, humanitarian caseworkers pushed by workloads, purse strings, emotional burnout, and compassion fatigue, flatten the sufferings of their applicants, balance, and rank them. Caseworkers have to rank sufferings and decide who may eventually survive and who may simply be left to a risky unknown. In Agambian terms, this extralegal authority draws the lines, creates a zone of exception and throws rejected applicants into the realm of “Bare Life” where they become “Homo Sacer,” whose life is worthless. Using Lipsky's theorization of street‐level bureaucrats and in‐depth interviews, the paper tackles these crucial issues by interviewing caseworkers from a variety of international organizations operating in the transit point of Egypt. These caseworkers are responsible for conducting different roles in the Refugee Status Determination process.

Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia

The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.

Vulnerability of Asylum Seekers and Undocumented Migrants in Toronto

AbstractThis article examines the underlying structural elements contributing to the vulnerability experienced by asylum seekers and undocumented migrants across two critical domains: refugee eligibility examination and accessibility of essential social services, particularly healthcare. By drawing insights from fieldwork conducted in Toronto between 2020 and 2022, this article investigates how migrants navigate and perceive vulnerability encountered both at the front-end of the refugee status determination and while trying to access social services. It discusses the perspectives of key stakeholders, including lawyers, representatives of immigrant-focused non-profit organizations, and municipal officials, shedding light on their experiences and insights regarding the challenges faced by migrants. Furthermore, this article critically evaluates Canada’s adherence to the principles articulated in the 2018 United Nations Global Compacts on Migration and Refugees concerning the mitigation of vulnerability among migrant populations.

Epistemic Violence and Colonial Legacies in the Representation of Refugee Women: Contesting Narratives of Vulnerability and Victimhood

AbstractThe traditional drafting and subsequent implementation of international refugee law have been criticised for relying on a male-centric understanding of persecution. Whilst this framework has recently shifted to include a more gender-sensitive interpretation, I argue that this introduction of gender within refugee status determination has traditionally relied on narratives infused with gendered and racialised stereotypes. In particular, it relies on a ‘white saviour’ colonial narrative that perceives refugee women as vulnerable victims in need of saving. Drawing on a decolonial and critical epistemological analysis that includes both a race and gender dimension, I unpack the epistemic violence and hidden colonial legacies in the representation of refugee women in case-law. Ultimately, this article concludes with a call for reframing the legal narrative around refugee women by approaching them as political actors rather than oppressed and vulnerable subjects.

Preserving Law and Order: How Institutions Implementing International Norms on Refugee Protection Can Restrict Asylum Outcomes

Abstract The international frameworks on refugee protection, including the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, are among the strongest norms to govern international mobility. Despite the salience and universality of these international norms, however, asylum outcomes, as indicated by refugee recognition rates (RRRs), vary extensively across state parties. The variation in RRR signals a critical normative gap between the institutionalization and implementation of international norms on refugee protection. In this article, I offer an explanation for this gap by examining the role of domestic institutions responsible for implementing relevant international (and domestic) laws on the ground. Through in-depth interviews, participant observation, and analysis of government, media, and non-governmental organization materials, I investigate the case of South Korea, a wealthy liberal democracy known for its exceptionally low RRR. I argue that South Korea’s low RRR is a result of the preexisting and prevailing ethos of the institutions responsible for refugee status determination, which is deeply rooted in the preservation of law and order and therefore fundamentally conflicts with the human protection principles underlying the Convention.

Digital Evidence in Refugee Status Determination

Digital evidence is rapidly emerging as a tool for migration authorities in refugee status determination (RSD)—the procedure for determining whether a person meets the criteria for protection as a “refugee.” Its growing popularity may be seen as a response to the relative dearth of “hard” evidence in asylum procedures, where decisions often hinge exclusively on the applicant's personal narrative and assessment of her credibility. In this essay, we critically examine the growing use of digital evidence in RSD by authorities and the human rights concerns that arise from some of these practices. We then move to outline some examples of how digital evidence might also present new opportunities for scholars, practitioners, and asylum seekers themselves, helping to substantiate claims and document underlying inequities in existing RSD practices. In the process, we seek to navigate a balance between the techno-solutionism that hails digital evidence as a panacea and those a priori dismissing digitization as techno-hype and inherently problematic.

Risk Theory and 'Subjective Fear': The Role of Risk Perception, Assessment, and Management in Refugee Status Determinations

Risk Theory and 'Subjective Fear': The Role of Risk Perception, Assessment, and Management in Refugee Status Determinations

Refugee Status Determinations and the Limits of Memory

Refugee Status Determinations and the Limits of Memory

Fulfilling Right to Education for Rohingya Refugee Children in Indonesia

The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.

Adjudication of Procedural Safeguards for Vulnerable Asylum Seekers in Greece: Case Law and Systemic Non-Compliance

Abstract Special procedural guarantees for vulnerable asylum seekers are a core part of refugee status determination standards. These safeguards are neither afforded, nor properly adjudicated in Greek asylum procedures, however. Drawing on recent case law, this article argues that Greek appeal bodies (the Appeals Committees) routinely rule that vulnerability is irrelevant to refugee status determination or that no procedural harm is sustained from the inappropriate channelling of vulnerable people into truncated procedures, in dereliction of European Union (EU) standards and domestic jurisprudence. Systemic non-compliance with the duty to grant special procedural safeguards is a policy choice, yet the European Commission, the institution responsible for EU law enforcement, refrains from enforcing these standards in Greece. The Commission’s enforcement deficit vis-à-vis the Greek asylum system is underpinned by its Task Force for Migration Management’s prioritization of ending overcrowding and speeding up decision making over procedural standards, as well as an uneasy balancing act between operational support and monitoring.

Effect of traumatic experiences and future threats on executive functioning and verbal fluency amongst Farsi-Dari speaking immigrants, refugees, and asylum seekers

BackgroundImpairments in executive functioning associated with posttraumatic stress disorder (PTSD) may impact the capacity of refugees and asylum seekers. AimsTo examine the association between executive functioning and PTSD with and without prominent future-focused threat (FFT) intrusions at rest and after threat priming. Method66 Farsi and Dari-speaking asylum-seekers, refugees, and immigrants were recruited into 3 groups: High PTSD & FFT Symptoms; High PTS Symptoms; Low PTSD & FFT symptoms. The Category Fluency Test (animals; food; flora) in Farsi was administered at baseline and after two counter-balanced future- and past-focused threat narrative tasks. Results: Higher PTSD and FFT symptom scores was associated with reduced verbal fluency [correct words (PTS p < 0.001; FFT p < 0.007), clustered words (PTS, p < 0.004; FFT p < 0.009) and clusters (PTS p < 0.017; FFT p < 0.009)]. The PTSD group retrieved fewer correct words (17.6, p < 0.009) using fewer clusters (p < 0.008) than the low-symptom group at baseline. It was only after exposure to the narrative task that the FFT group displayed comparable impairment. ConclusionsA subset of displaced persons with future threat symptoms exhibit cognitive impairment when asked to recount narrative details. Future threat may limit capacity to engage in cognitively demanding activities, such as participating in Refugee Status Determination.

The place where only gays go: constructions of queer space in the narratives of sexually diverse refugees

PurposeThe purpose of this paper is to develop an understanding of how gay and lesbian spaces are constructed and deployed within the context of asylum claims by sexually diverse people. Through doing this, the author details the ways in which the present deployment of place, as a form of evidence for a relatively fixed conception of sexual difference, does not correspond to the self-conceptions of sexually diverse asylum seekers.Design/methodology/approachThis article draws on the experiences of eight sexually diverse refugees who agreed to participate in semi-structured interviews. Deploying a queer narrative analysis approach, these experiences are explored to develop a detailed understanding of how sexually diverse spaces are constructed within refugee status determinations. This interview-led approach is combined with a critical epistemology informed by the queer theory to understand the role of place in the construction of sexual identity.FindingsThe central finding of this article is that engagement/attendance with/in particular places and spaces is overdetermined as a form of evidence of LGBTIQA+ identity within refugee status determination. Further findings relate to the relationship between places and sexual identities more generally. The paper helps to shed light on how sexually diverse identities are conceived in essentially ontological and fixed terms, with the result that places are often flattened, with the diversity and tensions within them being ignored and occluded.Originality/valueThe originality of this study emerges from the analysis of new qualitative data. This originality is strengthened by the successful combination of empirical research, queer theoretical insights and the application of this combination to policy. This remaining a relatively rare combination. In addition, in contrast to the existing literature, the paper looks specifically at how LGBTIQA+ or queer spaces are conceptualised within refugee status determination processes.

Dignity Deployed: An Examination of Refugee Rights through Domestic Dignity Jurisprudence

Abstract The 1951 Convention relating to the Status of Refugees (Refugee Convention) provides protection for people with a well-founded fear of persecution who find themselves outside their country of nationality. The treaty not only sets out a legal status for those recognized as refugees by the country of asylum, but also certain civil, political, social, and economic rights throughout the refugee status determination process. Yet, despite being faced with the highest numbers of displaced people since the Second World War, States parties to the Refugee Convention routinely fail to meet the standards set out by the Convention. This article explores how domestic courts enforce treaty compliance not as a matter of international law, but rather by using the concept of constitutional dignity. The discussion examines how constitutional courts around the world have used dignity as both a substantive right and a functional standard in order to fulfil the promises of the Refugee Convention. The article concludes with an argument for dignity as a powerful tool to fill gaps in refugee protection globally.