STANDARDS & GUIDELINES
EXAMPLES OF CASES WHERE AN ASSESSMENT OF THE CAPACITY TO
PARTICIPATE IN THE RSD PROCESS MAY NOT BE NECESSARY INCLUDE:
Child Applicants making an application for derivative refugee status based on their close family
relationship with a recognised refugee;
Adult Applicants making an application for derivative refugee status based on their relationship of
dependency with a recognised refugee; or
Applicants who are part of caseloads or profiles to which a prima facie approach applies or which
benefit from a presumption of inclusion.6
Provided that there are no exclusion or other serious credibility concerns relating to the core material
elements of the claim (see also § 2.9.2(g) – RSD Interview and Adjudication).
An assessment as to an individual’s capacity to meaningfully participate in the RSD Interview (and thus
whether such interview should be conducted) must be based on the information gathered during the
reception and registration processes and other protection interventions, as well as on the interactions
with the Applicant and information provided by or on his/her behalf, with due consideration to any
available medical/psychological assessments.
Wherever possible and relevant and subject to their consent, Applicants should be referred to medical/
mental health professionals for a psychological evaluation to determine whether the individual has a
mental health condition or intellectual disability that impacts on his/her ability and willingness to recall
and recount information relevant to the material elements of the claim.7 The qualifications of the source
of the psychological/medical assessment, as well as the quality, details and relevance of the information
provided are factors to consider in determining the evidentiary weight to be given to a psychological or
medical assessment (see also § 4.3.9 – Review of Original Documents in the RSD Interview).
It is also recommended that the Eligibility Officer meet with the Applicant and his/her support person
and legal representative, where available, for the purposes of assessing the nature of any support needed
as well as the Applicant’s capacity to meaningfully participate in the RSD Interview. Applicant’s will and
preferences must also be taken into account in determining whether conducting a RSD Interview (or
Complementary Interview) is appropriate in a particular case.
90
6
Exceptionally, where a refugee status claim is processed through simplified RSD procedures, refugee status may
be recognised on the basis of the information gathered at registration and through the RSD Application Form
alone, without conducting an individual RSD Interview, provided that the information available is sufficient to
establish that the Applicant meets the inclusion criteria of the applicable refugee definition and that no credibility
or exclusion concerns arise. This may be the case for caseloads or profiles to which a prima facie approach applies
or which benefit from a presumption of inclusion (for further guidance, see § 4.10.4 – Procedures for Simplified RSD
Processing).
7
Depending of the circumstances of the case, information regarding the Applicant’s mental health condition or
intellectual disability (such as for how long has the Applicant suffered from the condition and the circumstances
that may have caused it, or how the mental health condition or intellectual disability may affect the Applicant’s
behaviour, reality perception, etc.) may also be relevant to the determination of the claim.
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