A. National procedures for determining refugee status

The 1951 Refugee Convention requires no particular procedure for determining refugee status. Each state is supposed to establish its own procedures for evaluating applications for refugee status.

The UNHCR has recommended the following guidelines to ensure minimal standards of fairness for those applying for refugee status (applicants):

1. Officials, such as immigration officers or border police, whom applicants encounter in the first instance, should have clear instructions for dealing with requests for asylum. Officials should be required to act in accordance with the principle of nonrefoulement and to refer such cases to a higher authority for consideration.

2. Applicants should be informed of the procedure to follow in order to apply for refugee status.

3. There should be a clearly identified authority – such as the Ministry of Justice or the Ministry of the Interior or an independent refugee agency – with responsibility for examining requests for refugee status and taking a decision in the first instance.

4. Applicants should be given the use of a competent interpreter when submitting their case to the authorities. They should been informed that they have a right to contact a representative of the UNHCR.

5. If applicants are recognised as Convention refugees, they should be informed and issued documents certifying their refugee status.

6. If applicants are not recognised as Convention refugees, they should be given a reasonable time to appeal for a formal reconsideration of the decision.

7. Applicants should be allowed to remain in the country while a decision is made by the authorities, unless it has been established by the authorities that the request is clearly abusive (i.e. without substance).

   
   

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The Rights of Refugees and Displaced Persons