or accelerate the refugee status claim of an Applicant with mental health conditions or intellectual
disabilities should be based on a holistic assessment of that individual’s specific needs and personal and
contextual circumstances. This may include, for example, considerations as to whether more extensive
counselling, shorter and/or multiple RSD Interviews, or a longer time to understand the RSD procedures,
achieve a level of trust and prepare for the interview, is necessary in order to facilitate a meaningful
participation of the Applicant in the RSD process and a correct determination of his/her claim.
Where appropriate, priority and/or accelerated processing must allow sufficient time for the Applicant
to receive any necessary protection interventions, such as medical or psycho-social support, as well as to
understand the relevant procedures and to adequately prepare for their RSD Interview.
As a general rule, where the claim of an Applicant with a mental health condition or intellectual disability
is related to the claims of accompanying family members, including where he/she is applying for derivative
refugee status, it will not be necessary to process the refugee status application on a priority and/or
accelerated basis, unless the family members’ applications are also processed on a priority/accelerated
basis, or unless there are compelling reasons to do so (for instance in order to access durable solutions
or medical care/services). Referral of such cases for priority and/or accelerated processing should be
made on a case-by-case basis, considering the individual vulnerability or special needs of the Applicant in
question.
(i) Confidentiality of UNHCR RSD Procedures and Data Protection
Applicants with mental health conditions and/or intellectual disabilities have the same right to the
protection of their personal data, including rights to make decisions in respect to the use of their personal
data, as other asylum-seekers (for further guidance on data protection see § 2.1 – Confidentiality and Data
Protection in UNHCR RSD Procedures). Depending on the specific needs and capacity to understand the RSD
process and procedures of the Applicant, tailored communication methods and additional counselling
regarding the confidentiality of UNHCR RSD procedures and data protection may be needed.
In the absence of indications to the contrary, Eligibility Officers should assume that Applicants with mental
health conditions and/or intellectual disabilities have the capacity to provide consent to processing of
personal data, including disclosure of such data and other information relating to or provided by them.
In cases where the Applicant does not adequately understand the RSD process and procedures, and, as
such, may not be able to consent, a decision to disclose or not the information should be informed by the
Applicant’s will and preferences. A support person may help facilitate understanding and communication
of the Applicant’s will and preferences. If it is determined that an individual is not able to adequately
understand the process, and its ensuing rights and obligations, the Applicant’s personal data may be
processed on an alternative legitimate basis, such as vital and best interests, in accordance with UNHCR
data protection policy and guidance (see § 2.1.2 – General Criteria for Disclosure of Personal Data and Other
Information on Individual RSD Flies).
94
Procedural Standards for RSD under UNHCR’s Mandate
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents