An asylum board in reviews the applications of asylum-seekers. More than 47,000 persons were waiting for a decision on their asylum claim at the end of 2010.

40 UNHCR Statistical Yearbook 2010 Asylum and Status Determination

Who is an HIS CHAPTER presents nize refugee status under its mandate, asylum-seeker? main trends in individual it cannot provide asylum. asylum applications lodged in 2010, with an overview An asylum-seeker is an individual seeking of decisions. It does not in- º Responsibility international protection, whose claim for refugee status Tclude information on mass influxes has not yet been determined. for refugee status of nor on those granted As part of internationally recognized obligations to refugee status on a group or prima determination protect refugees on their territories, countries of asylum facie basis.64 The number of countries reporting are responsible for determining whether an asylum-seeker Since UNHCR conducts refugee RSD statistics to UNHCR has in- is a refugee or not. This responsibility is often incorporated status determination (RSD) under its creased in recent years, mainly due into national legislation and is derived from the 1951 mandate in a significant number of to the addition of a number of Carib- Convention Relating to the Status of Refugees and other countries, this chapter makes specific bean and Pacific islands. In 2010, 167 international human rights instruments. reference to challenges relating to countries or territories reported this staffing UNHCR’s RSD operations. It type of statistics to UNHCR, as op- also provides information on recent posed to 148 in 2002. trends with respect to unaccompanied Of the 167 reporting countries or for 21 countries (13%).65 This included and separated children. territories, States were solely respon- RSD procedures implemented jointly Although the concepts of “asylum” sible for carrying out refugee status by UNHCR and governments as well and “refugee status” are sometimes determination in 100 countries (59%). as cases where RSD procedures were used interchangeably, it should be re- UNHCR was the only responsible implemented in parallel by UNHCR, called that asylum can only be granted body for RSD in 46 countries (28%). for reasons related to protection and/ by States. While UNHCR may recog- A shared responsibility was reported or durable solutions.

Fig. IV.1 Responsibility for refugee status determination 64 The decision not to record in asylum statistics people who were granted refugee status under UNHCR’s mandate on a prima facie basis has been made to UNHCR / J. BJÖRGVINSSON allow a direct comparison between State and UNHCR 81 refugee status determination procedures. It should be noted, however, that UNHCR procedures that provide 2002 56 for refugee status recognition on a prima facie basis 11 generally go beyond the mere registration of applicants and usually involve screening and interviewing to establish the nationality of the applicants, the absence 100 of likely reasons for exclusion and the identification of specific protection needs. 2010 46 65 In countries where RSD is conducted either by the government or jointly by the government and UNHCR, 21 the Office may occasionally carry out RSD under its mandate in parallel procedures for reasons related to States UNHCR Jointly protection and/or durable solutions.

UNHCR Statistical Yearbook 2010 41 Asylum and Refugee Status Determination

It is UNHCR’s objective to strength- years UNHCR has handed over the 2002 UNHCR was responsible for as- en States’ capacity to conduct refugee responsibility for assessing asylum sessing asylum claims in 56 countries, status determination. Over recent claims to a number of States. While in this number had dropped to 46 in 2010.

º Global trends TABLE IV.1 New and appeal applications received | 2008-2010 APPLICATIONS During 2010, at least 850,200 indivi- dual applications for asylum or refugee 2008 2009 2010 status were submitted to governments States* 765,800 803,300 747,200 or UNHCR offices in 167 countries or UNHCR 73,400 119,100 96,800 Jointly** 36,100 26,000 6,200 territories. This constituted a 10 per Total 875,300 948,400 850,200 cent decrease compared to the previous year (948,400 claims) and the first % UNHCR only 8% 13% 11% drop after three consecutive annual in- Note creases. This development was in line * Includes revised estimates. with the trend observed in industria- ** Refers to refugee status determination conducted jointly between UNHCR and the Government. lized countries in 2010, when numbers of asylum applications also dropped.66 Of the total 850,200 asylum claims, an These two regions accounted for 44 (222,300 claims) it was still four times estimated 728,000 were initial appli- and 32 per cent respectively of all higher than in 2007 (45,600 claims). cations67 lodged in first instance pro- claims. The and Asia record- As in previous years, Zimbabweans cedures, while the remaining 122,200 ed 117,400 and 77,600 claims respective- accounted for the vast majority of all claims were on appeal or with courts.68 ly, and received 11,500 asylum- claims submitted in 2010 (146,600 ap- UNHCR offices registered some seekers. Figures included applicants plications or 81 per cent). 96,800 applications out of the total of who were unsuccessful at first instance, In second position was the United 850,200 claims in 2010, some 22,300 and subsequently filed an appeal. States of America with an estimated less than in 2009 (119,100 claims). W ith 180,600 asylum claims reg- 54,300 applications.70 The number of UNHCR’s share of global applications istered in 2010, South Africa was new asylum claims lodged in the Unit- registered stood at 11 per cent in 2010, for the third year running the main ed States of America went up by 13 per compared to 13 per cent in 2009. destination of new asylum-seekers cent in 2010, mainly owing to Chinese remained the primary des- worldwide. As such, it also accounted and Mexican asylum-seekers. tination for individual asylum-seekers for one fifth of individual applications was the third largest recipient during with 373,700 asylum claims registered. globally. Although the 2010 figure 2010 (48,100 claims), recording a 14 per It was followed by Africa (270,000).69 was 19 per cent lower than in 2009 cent increase compared to 2009 (42,100

Fig. IV.2 Main destination countries for new asylum-seekers | 2009-2010

(x1,000) 66 For a detailed analysis of asylum trends in industrialized countries, see Asylum Levels and Trends in Industrialized 250 Countries, 2010, UNHCR Geneva, March 2011, available at: http://www.unhcr.org/statistics. 2009 2010 67 Although reporting on new asylum applications has 200 improved in recent years, in particular in Europe, data includes a significant number of repeat claims, in which the applicant submitted at least one previous application in the same or another country. 150 68 Statistical information on outcomes of asylum appeals and court proceedings is under-reported in UNHCR statistics, as this type of data is often not collected by 100 States or not published separately. 69 The geographical regions used are those of the Statistics Division, Department of Economic 50 of new cases (28,440) and multiplied by 1.4 to reflect the average number of individuals per case (Source: U.S. Department of Homeland Security); and number of new “defensive” asylum requests lodged with the 0 U.S. Executive Office of Review (14,500, South United France GermanySweden Ecuador Malaysia United Belgium reported by individuals). Africa States Kingdom

42 UNHCR Statistical Yearbook 2010 Map 4 Main countries of origin of new asylum-seekers | 2010 (10,000 or more asylum applications) AsylumAsylum aandnd RRefugeeefugee StatusStatus DDeterminationetermination

RUSSIAN FEDERATION

SERBIA* ISLAMIC REP. OF IRAN

AFGHANISTAN IRAQ

PAKISTAN MYANMAR

SUDAN ERITREA ETHIOPIA NIGERIA SRI LANKA COLOMBIA DEM. REP. OF THE CONGO

ZIMBABWE Asylum applications 150,000

75,000

15,000

* Serbia (and Kosovo: S/RES/1244 (1999))

claims), the third consecutive rise. The est number of new requests (25,600). ber of countries. For instance, 9 out of 10 increase in 2010 was partly attributed Kenya came second (19,300 new Zimbabwean asylum claims were lodged to a higher number of asylum-seekers claims), followed by Turkey (9,200), in South Africa alone. Two-thirds of all from Georgia (+188%), Bangladesh (4,000), and Indonesia (3,900). new asylum claims lodged by nationals (+118%), and Haiti (+38%). was UNHCR offices in Kenya, Turkey, In- of Serbia (and Kosovo: S/RES/1244 (1999)) the fourth most important destination donesia, Yemen and Cameroon faced were submitted in Sweden (7,900) and country for new asylum-seekers in increases in application numbers, Germany (6,600), while more than half 2010, with more than 41,300 asylum while operations in India, Libya, and of all Somali requests were submitted claims registered. This was a 49 per Malaysia experienced decreases. in South Africa (6,000), Sweden (5,600), cent increase compared to 2009 (27,000 Altogether, the top five UNHCR Uganda (5,200), and Ethiopia (4,200). claims) and the highest since 2003. offices receiving asylum applications Even though asylum-seekers from Co- The increase in 2010 was partly attrib- registered about 70 per cent of all new lombia sought protection in more than uted to a higher number of asylum- claims in 2010. Moreover, 90 per cent of 40 countries, 8 out of 10 requested refu- seekers from Serbia (and Kosovo: S/ UNHCR’s refugee status determination gee status in Ecuador.72 RES/1244 (1999)) and The former Yu- work (in terms of applications received) goslav Republic of Macedonia, many was concentrated in 11 countries. of Roma origin. This may be the result Under combined UNHCR and TABLE IV.2 New asylum of the having waived State asylum procedures, the highest claims lodged visa requirements for both countries at number of new asylum claims was in top 10 UNHCR the beginning of 2010. Sweden ranked filed by individuals originating from fifth with 31,800 applications received Zimbabwe (149,400), Somalia (37,500), offices* | 2010 during the year. This constituted a 32 the Democratic Republic of the Congo

per cent increase compared to 2009, (35,600), Afghanistan (33,500), Colom- Country Total and the third highest figure in 15 years. bia (32,300), Serbia (and Kosovo: S/ Malaysia 25,600 Other important destination coun- RES/1244 (1999)) (30,500), and Myan- Kenya 19,300 tries for asylum-seekers were Ecuador mar (27,900) (see Map 4 above). Turkey 9,200 (31,400), Malaysia (25,600), the United As in previous years, these overall India 4,000 Indonesia 3,900 71 Kingdom (22,600), Canada (22,500), figures masked patterns of certain na- Yemen 3,700 and Belgium (21,800). tionalities clustering in a limited num- Cameroon 3,300 In 2010, UNHCR offices received Syrian Arab Republic 3,200 Jordan 89,500 new applications for refugee 2,900 71 Source: Immigration and Refugee Board (IRB) Canada. Egypt 2,600 status and 7,300 on appeal or for re- 72 Rather than reflecting a large influx of Colombian view. For the third year in a row the asylum-seekers, these figures are the result of the Note submission of asylum claims following the enhanced * office in Malaysia received the larg- registration exercise conducted in Ecuador in 2010. Excludes appeal/review claims.

UNHCR Statistical Yearbook 2010 43 Asylum and Refugee Status Determination

º Decisions

Available data indicate that some TABLE VI.3 Substantive decisions taken | 2008-2010 579,000 decisions on individual asy- lum applications were rendered during 2010. UNHCR adjudicated 61,100, or 11 per cent of the total – similar to its 2008 2009 2010 share in 2009. In 10 countries, some States 468,900 512,300 512,700 5,200 substantive decisions were taken UNHCR 46,800 69,200 61,100 Jointly* 31,200 21,000 5,200 in joint UNHCR and State procedures. Total 546,900 602,500 579,000 All these figures exclude cases which were closed for administrative rea- % UNHCR only 9% 11% 11% sons73 without a decision on the subs- Note tance. In 2010, at least 153,300 cases * Refers to refugee status determination conducted jointly between UNHCR and the Government. were closed in this way. Some 223,000 asylum-seekers were recognized as refugees (175,200) or Global recognition rates remain given a complementary form of pro- indicative as some States have not º In focus: tection (47,800) in the course of 2010. reported the relevant data, and the Staffing UNHCR’s This number includes an estimated proportion of positive decisions may 22,70074 individuals who initially re- in reality be higher, since decisions RSD operations ceived a negative decision, which was for persons rejected on appeal may UNHCR is required to carry out RSD subsequently overturned at the appeal be counted twice. Among the main in diverse and complex operational or review stage. Instances where the receiving industrialized countries, environments, in which the unpre- percentage of decisions overturned at and had the dictability of population movements the appeal stage was particularly high highest TRR at the first instance presents planning challenges. RSD may indicate deficiencies in national in 2010 (73% and 61%, respectively). remains a resource-intensive protec- asylum procedures. Among the main countries of origin tion activity that requires a workforce Some 356,000 claims were rejected of asylum-seekers in 2010, those origi- with specialized knowledge and skills. on substantive grounds. This num- nating from Eritrea, Myanmar and Ensuring appropriate staffing levels ber included negative decisions at the Somalia had TRRs of around or over and expertise is therefore key to achie- first instance which may have been 80 per cent. Recognition rates were ving timely and accurate adjudication appealed. Asylum-seekers who were also high for asylum-seekers from Co- of refugee claims. rejected at first and second instance lombia (64%), the Democratic Repub- In 2010, UNHCR developed RSD may have been counted twice in this lic of the Congo (61%), Ethiopia (56%), Staffing Benchmarks to assist manag- figure. Iraq (54%), Afghanistan (50%), and the ers in assessing and projecting staffing At the global level (UNHCR and Islamic Republic of Iran (49%). needs, based on estimates of the num- State asylum procedures combined), By the end of the year, more ber and profile of asylum-seekers ap- the Refugee Recognition Rate (RRR) than 837,500 individuals around the proaching UNHCR offices. They also corresponded to an estimated 30 per world were still awaiting decisions covered existing backlogs of pending cent of all substantive decisions taken on their asylum claims. This fig- asylum applications, case-processing during 2010, while the Total Recog- ure included people at all stages of strategies and processing rates. The nition Rate (TRR) was 39 per cent.75 the asylum process, but the precise use of these benchmarks assisted Both rates were below those of 2009 number of undecided asylum cases UNHCR to assess staffing gaps more (38 per cent for RRR and 47 per cent was unknown as many countries do precisely and confirmed the over-re- for TRR). not report this information. liance on affiliate staff to address ca- pacity shortfalls in many of UNHCR’s RSD operations. 73 Decisions also qualified as “non-substantive” may result from, the death of the applicant, no-show for interview, withdrawal of the application, abandonment of the claim, or the determination that another country is responsible for the claim Affiliate workforce arrangements (‘Dublin II’ procedure). represent a flexible and cost-effective 74 This figure is likely to be substantially higher as significant numbers of decisions rendered by States at the appeal or review stage of the asylum procedure are not available. way of maintaining adequate human 75 In the absence of an internationally agreed methodology for calculating recognition rates, UNHCR uses two rates to resource levels in rapidly chang- determine the proportion of refugee claims accepted during the year. The Refugee Recognition Rate divides the number of asylum-seekers granted Convention refugee status by the total number of substantive decisions (Convention status, ing operational contexts, permitting complementary protection, and rejected cases). The Total Recognition Rate divides the number of asylum-seekers granted Convention refugee status and complementary form of protection by the total number of substantive decisions swift recruitment of qualified staff (Convention status, complementary protection, and rejected cases). Non-substantive decisions are, to the extent possible, to minimize instability in the opera- excluded from both calculations. For the purpose of global comparability, UNHCR only uses these two recognition rates and does not report rates calculated by national entities. tions concerned. Affiliate workforce

44 UNHCR Statistical Yearbook 2010 Asylum and Refugee Status Determination

arrangements for RSD are frequently time. In 2010, 360 staff conducted ants can be deployed to operations associated with high turnover and op- RSD, of which 200 persons were full- at short notice. Every year, on aver- erational inefficiencies resulting from time. This overall increase was ac- age 20 consultants are deployed to unfilled positions and the recruit- companied by a proportionally great- approximately 10 RSD operations. ment, training and deployment of er increase of affiliate staff. While in In 2010, UNHCR also extended its substitute RSD staff. Maintaining the 2006, 70 full-time RSD staff were em- strategic partnerships with govern- appropriate balance between the af- ployed under temporary contracts, by ments with recognized RSD exper- filiate workforce and regular UNHCR 2010, this number had increased to 110 tise, including the Canadian Immi- staff in RSD operations helps provide persons, including affiliate staff fill- gration and Refugee Board (IRB) and the organization with enhanced ex- ing regular positions. the Office Français de Protection pertise among regular UNHCR staff To address sudden shortfalls des Réfugiés et Apatrides (OFPRA). in this core protection function. in RSD capacity, the RSD Unit of Under related agreements, IRB and Between 2006 and 2010, the num- the Division of International Pro- OFPRA experts can be deployed to ber of RSD staff increased progres- tection at UNHCR Headquarters UNHCR’s RSD operations to pro- sively. In 2006, 300 staff conducted maintains a deployment scheme viding expert advice and assisting in RSD, of which 140 persons were full- whereby experienced RSD consult- case processing. n

Unaccompanied and separated children seeking asylum

Collecting accurate and be considered as fully conclusive. Major received 1,700 UASC asylum claims in Available information on the reliable statistics on unaccompanied receiving countries of asylum-seekers 2010. While in Sweden and particularly country of origin of UASC has confirmed or separated children (UASC) seeking such as Canada, South Africa, and the in Germany, figures went up significantly the trend observed earlier in that mainly asylum is critical given the special of America do not provide (+6% and +49% respectively), in the Afghan and Somali children applied for protection and assistance needs. information on UASC seeking asylum. it dropped by almost asylum. These two nationalities accounted Since 2006, UNHCR has systematically These various factors impede the half (-43%). Kenya and India were for almost half of all UASC claims in 2010. collected data on UASC claiming asylum collection and comparison of global data. important destination countries for UASC UASC from Afghanistan submitted 4,900 including their age, sex and country of outside Europe, with 1,100 (+209%) and asylum claims in 32 countries, mainly in origin (the latter since 2007). Despite In 2010, more than 15,600 430 (-10%) asylum claims respectively. Sweden (1,150), Germany (800), and the these efforts, the global number of asylum applications were lodged by United Kingdom (550). UASC who annually submit individual unaccompanied and separated children Available information indicates asylum claims remains unknown. One of in 69 countries, constituting some 4 that 5,400 unaccompanied and separated More than 1,600 asylum claims the reasons for the lack of global data per cent of the total number of asylum children were recognized as refugees were lodged by Somali UASC in 2010, on UASC relates to the lack of proper claims lodged there. This was consistent or granted a complementary form of of which one third were submitted registration mechanisms in place to with the percentage observed in 2009. protection in 2010. This figure was lower in Sweden (530). Others were from identify UASC who seek international In absolute terms, however, the number than in 2009 (7,700 positive decisions). Myanmar (770 claims), Sudan (740), Iraq protection. Where they do exist, data of UASC seeking asylum decreased Europe accounted for 68 per cent of all (650), and the Democratic Republic of may not be disaggregated by sex and compared to 2009, when 18,700 claims positive decisions rendered. the Congo. age. In addition, UASC may not be were lodged in 71 countries, in line with aware or adequately informed of the the overall decrease in the global number It is often unaccompanied or Average recognition rates for possibility to seek asylum. of asylum-seekers recorded. separated boys who sought asylum, in UASC in 2010 were high in countries where particular in industrialized countries data was available. For Afghans, Eritreans If authorities have doubts about Europe received 11,900 or 76 where about two-thirds of all UASC are and Somalis, the total recognition rate the age declared by the asylum-seeking per cent of the 15,600 UASC claims. In male. Their number has been on the rise was above 80 per cent. For UASC from child, they might initiate age assessments. 2010 Sweden and Germany received compared to only a few years ago. In Myanmar the rate was even higher at 99 However, these procedures bear a level the greatest number, with 2,400 and developing countries, however, the sex per cent, while for Iraqi UASC, the rate was of uncertainty and can therefore not 1,900 respectively. The United Kingdom distribution is more balanced. lower at 47 per cent.

UNHCR Statistical Yearbook 2010 45