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To receive refugee status, a displaced person must go through a Refugee Status Determination (RSD) process, which is conducted by the government of the country of asylum or the UNHCR, and is based on international, regional or national law. [79] RSD can be done on a case-by-case basis as well as for whole groups of people.
Prior to the 1951 convention, the League of Nations' Convention relating to the International Status of Refugees, of 28 October 1933, dealt with administrative measures such as the issuance of Nansen certificates, refoulement, legal questions, labour conditions, industrial accidents, welfare and relief, education, fiscal regime and exemption from reciprocity, and provided for the creation of ...
One of the first successful LGBT asylum pleas to be granted refugee status in the United States due to sexual orientation was a Cuban national whose case was first presented in 1989. [86] The case was affirmed by the Board of Immigration Appeals and the barring of LGBT individuals into the United States was repealed in 1990.
Under U.S. law, refugee status is reserved for people who apply from abroad while migrants already in the U.S. can apply for asylum. Although refugees are vetted and enter legally, some ...
Asylum seekers may be given refugee status on a group basis. Refugees who went through the group status determination are also referred to as prima facie refugees. This is done in situations when the reasons for seeking refugee status are generally well known and individual assessment would otherwise overwhelm the capacities of assessors.
Before asylum is granted, an asylum seeker may be recognized as a refugee according to the Convention relating to the Status of Refugees, which defines refugee as a person "who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a ...
Additionally, U.S. Law draws an important distinction between refugees and asylees. A refugee must meet the definition of a refugee, as outlined in the 1951 Convention and be of "special humanitarian concern to the United States." [5] Refugee status can only be obtained from outside the United States. If an individual who meets the definition ...
Particular social group (PSG) is one of five categories that may be used to claim refugee status according to two key United Nations documents: the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. The other four categories are race, religion, nationality, and political opinion. As the ...