Refugee Status Determination

The purpose of an RSD interview is to understand the reasons why you left your home country and the reasons why you cannot return to it. Based on the interview, UNHCR will determine whether you are a refugee or not.

This is your time to tell your story and your opportunity to present your claim in person. UNHCR will help you in that process. During the interview, you will be asked questions about yourself, your family and any problems you may have had and your fear of return to your home country.

Please bring all documents available to you such as travel documents, identity papers, employment and education records, and other documentation which may help support your claim for refugee status.

Your statements and documents will be kept confidential and will not be shared with any individual, family member, relative, or any government without your prior consent. Please note that under no circumstances will UNHCR share your information with the government of your country of origin.

During the RSD procedure:

• • You have the right to be interviewed in a language you can communicate in. Please note that you can request an interviewer and/or an interpreter of a particular sex to conduct your interview. The interpreter is both impartial and neutral and has no role in making decisions about your application.

• • It is important that you cooperate with UNHCR during the RSD interview and provide truthful and complete information. Failure to provide a truthful and accurate account will negatively affect the processing of your case and may lead to a negative decision.

Please also note that:

• • Each applicant has a different profile, background, and reason for fleeing his/her country; hence, each case will be assessed individually according to UNHCR rules and procedures.

• • Please do not pay attention to rumors spread among refugees about specific stories to be presented to be granted refugee status as this will be providing a false account to UNHCR and will negatively affect the processing of your case and may lead to a negative decision.

• • Intentionally misleading UNHCR about the facts of your case or your identity is fraud. Please note that this will negatively affect the processing of your case and may lead to a negative decision. UNHCR reserves the right to take appropriate measures in such cases.

• • Please do not sign any documents unless read, understood, and approved by you.

• • While in India you, like any other foreigner, are expected to respect the laws, customs and traditions of the society hosting you.

• • You are not permitted to record any interview conducted by UNHCR.

• • Verbal and physical threats made to UNHCR staff violate national law. UNHCR will report any person making such threats to the police and this person may be prosecuted as per national law.

For those identified in need of RSD, RSD interviews are usually conducted within two years of registration. For some individuals who are assessed to be at heightened protection risk, interview dates may be provided within a shorter time frame. Certain individuals or groups of asylum seekers may be scheduled for RSD interviews with greater or lesser priority based on vulnerabilities, specific needs, protection risks or availability of protection through other means in India. This means that some asylum seekers may not be scheduled for RSD in the order that they were registered with UNHCR and the timelines on the processing of their case is determined based on vulnerabilities, specific needs, protection risks or availability of protection through other means in India.

Family members registered and included in your file may need to be interviewed individually and separately. They may have their own individual reasons for seeking asylum/international protection. It is their right to be heard separately. All individuals included in your file, both adult and children, need to be present on the day of your RSD interview.

Please note that UNHCR respects the privacy and sensitivity of the information that is shared. All information is treated with the utmost confidentiality. Should we need to share some information with a family member, your consent will always be sought first. UNHCR will never act without receiving your consent.

If you are unable to attend the RSD interview due to unavoidable reasons, please call the UNHCR contact number 011 4353 0444 or write to [email protected] and request for a change in the interview date.

If you miss an interview, it is your responsibility to request a new date as soon as possible explaining the reason why you could not approach the office. The new appointment will only be granted if you provide a reasonable explanation as to why you failed to attend. Please be informed that if you failed to attend an RSD appointment without a reasonable explanation, your case might be closed.

Your case will be assessed and reviewed to decide whether you meet the refugee definition or not. You will be notified of the decision that UNHCR has made on your application.

If recognized as a refugee, you will be notified of the decision and the next steps in relation to the collection of your Refugee Card.

If your application for refugee status is rejected, you will be notified of the decision. You have the right to appeal if your application for refugee status is rejected for the first time. UNHCR issues a ‘notification of rejection’ decision along with a blank appeal form. You have 30 days from the date of receiving the decision to submit this appeal form to UNHCR.

You can send your appeal application by email to [email protected]. You must write “Appeal application” in the subject of the email and include your name, your UNHCR file number, and updated contact number in the text of the email. You may also submit your appeal application via post or in person at UNHCR’s Vikaspuri Registration Centre.

Please send the application via post to:

UNHCR: RSD Unit
C-543A, Vikas Puri,
New Delhi 110018, India

Most individuals will receive the result within twelve months of their RSD interview. Some applications may take longer to process due to the individual circumstances of the case. If twelve months have passed since your RSD interview and you have still not received any decision from UNHCR on your application, please email us at [email protected] with the subject line “Case number/ RSD decision inquiry” or call the UNHCR contact number 011 4353 0444.

If you do not submit an appeal application within the specified period of 30 days and you do not have exceptional reasons for failing to submit an appeal before the deadline, your file may be closed.

Your appeal request will be reviewed by UNHCR protection staff who were not involved in the initial decision that did not grant you refugee status. An interview may not be conducted at the appeal stage. You will be notified of the decision that UNHCR has made on your application.

If recognized as a refugee, you will be notified of the decision and the next steps in relation to the collection of your Refugee Card.

If your application for refugee status is rejected, you will be notified of the decision. Your case will be closed after rejection at the appeal stage.

Most individuals will receive the result within twelve months of the submission of their appeal application. Some applications may take longer to process due to the individual circumstances of the case. If twelve months have passed since the submission of your appeal application and you have still not received any decision from UNHCR on your application, please email us at [email protected] with the subject line “Case number/ RSD decision inquiry” or call the UNHCR contact number 011 4353 0444.

As a general rule, applicants whose refugee claims have been duly examined and rejected under UNHCR RSD procedures, and whose cases have been closed, should not have their claims re-examined. These include applicants whose claims were rejected on appeal or who have failed to exercise the right to appeal a first instance negative RSD decision within prescribed period. However, in certain cases, it may be appropriate to re-open a closed case and to refer the individual to RSD procedures.

You may choose to submit a reopening request if your RSD case was rejected at the appeal stage. Re-opening applications are examined on a case-by-case basis.

You can submit a written reopening request in person at UNHCR’s Vikaspuri Registration Centre, via post, or email ([email protected]) in a language of your choice.

For post, please mail the application to:

UNHCR: RSD Unit
C-543A, Vikas Puri,
New Delhi 110018, India

Please write “Reopening request” in the subject of the email and include your name, your UNHCR file number and updated contact number in the text of the email and explain the reasons for your reopening request.

UNHCR will review your reopening request and make a decision on whether to reopen your file. You will be informed of the outcome of your application.

Applicants have the right to engage the services of qualified legal representatives at their own cost or on a pro bono basis, where such services are available. Such legal representatives have to be qualified as such under UNHCR’s established procedures. UNHCR encourages the participation of responsible, high quality legal representation in mandate UNHCR procedures. For more information on legal representation, please reach out to us at [email protected]

We would be happy to hear from you. If you wish to share feedback on our procedures and how we can do better, please write to the RSD Officer at [email protected]