UNHCR Protection Manual - Related sources

This paper supports African States and their decision makers to apply the Article I(2) definition in a consistent and fair manner by developing concrete and practical guidance for its application. Based on a principled interpretation in accordance with international law rules of treaty interpretation, this paper provides an in-depth legal analysis of the Article I(2) refugee definition, with a particular focus on the phrase “events seriously disturbing public order”.

This paper provides a legal discussion of the applicability of refugee law in situations where disaster and/or adverse effects of climate change interact with conflict and/or violence (so-called “nexus situations”). In doing so, it also offers insights on the applicability of refugee law when people flee across international borders in the context of disaster and adverse effects of climate change.

This paper provides a comprehensive overview of the different frameworks for considering how refugees might participate in their country of nationality whilst still refugees, setting out the international law as it applies to those refugees and the operationalization of interoperability within the UN as UNHCR seeks to provide permanent solutions by assisting governments. It needs to be noted that in practice there will be a host of non-legal factors that will have an impact on the participation of refugees in the political processes in the country of asylum.

The present study examines inter alia: the international and regional standards and related jurisprudence underpinning the right to family life and family unity of refugees and other beneficiaries of international protection in the context of family reunification; legal challenges securing family reunification faced by beneficiaries of international protection, including the family definition applied, documentation, income, accommodation, and other requirements, such as to apply within a period of time to benefit from preferential terms, or only after a certain period of residence, and related international, regional and national jurisprudence and practice; practical challenges faced by beneficiaries of international protection, including lack of timely information, difficulties accessing embassies and obtaining visas and travel documentation, costs involved, administrative delays and obstacles, and related international, regional and national jurisprudence and practice.

This research paper examines: the legal basis in international and regional law for the right to family life and family unity, including the principle of non-discrimination; the jurisprudence of international and regional courts on the issue; States’ obligations and responsibilities regarding the right to family life and family unity; the varying definitions of family applied in international and regional law and practice, including different persons accepted as able to be family members by international bodies and regional courts; the family definition applied by UNHCR; and the concept of dependency as an aid to determining family membership.