Refugee Status Determination

Refugee Status Determination (RSD) is the legal or administrative process by which governments or UNHCR determine whether a person seeking international protection is considered a refugee under international, regional or national law. RSD is an individual process that is undertaken for each person seeking international protection. The primary objective of the RSD process is to explore in detail, why a person seeking asylum cannot return to their country of origin or former habitual residence. Although States have the primary responsibility for determining refugee status, UNHCR may conduct RSD in countries and territories that are not party to the 1951 Convention Relating to the Status of Refugees, or which have not yet established the legal and institutional framework to support an RSD process.

Globally, not all asylum seekers who register with UNHCR undergo RSD in line with the strategic use of RSD. UNHCR India only conducts RSD for asylum seekers with heightened protection needs particularly those in detention or at risk of arrest, detention or forced return. This criterion will be applied across all asylum seekers, no matter the country the asylum seeker is from.

It is important that you keep UNHCR updated on your phone number, valid email address or other contact information so that UNHCR can contact you without any delay. For information on how to update your contact details with UNHCR, please visit the Registration page.

Some asylum seekers who have already been interviewed or have filed an appeal application will receive decisions on their applications in a gradual manner in 2026. This is going to take some time especially given the reduction in staff capacity. Decisions will be released for some of those who have already undergone interviews or filed appeals. Some cases may take more time due to individual circumstances. Unfortunately, this may mean that not all who have already undergone RSD interviews or filed appeals will receive results on their applications. UNHCR will notify you in case of any update on your case.

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 child, need to be present on the day of your RSD interview. Individual RSD interviews are conducted with all adult applicants, including dependent children aged 18 years and above. Children below the age of 18 are not usually interviewed at RSD (unless required to be interviewed) but are required to be present with their family for identity and family composition verification.

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 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. Please be informed that if you failed to attend an RSD appointment without a reasonable explanation, your case may be inactivated.

You should present the following:

• Your UNHCR asylum seeker document
• Your RSD appointment letter,
• Any documents that are relevant to support your refugee claim,
• Original identification documents for you and your family members (such as passports, ID cards, military booklet, marriage certificate, birth certificates, medical reports if any, etc.),
• Proof of previous registration with other UNHCR Offices if available

The purpose of the RSD interview is to assist you to put forward your claim for seeking asylum and to fully explain your past experiences and circumstances that led you to fleeing your home country and the reasons why you cannot return to it.

An RSD Interview is your time to tell your story and your opportunity to present your claim in person.

UNHCR will provide you with the best possible opportunity to explain and communicate to UNHCR as clearly as possible the reasons for your application for refugee status. UNHCR is interested in hearing about your own personal experiences rather than the general situation in your country.

During the RSD interview(s), you will be asked questions about yourself, your family, your education, place of birth etc., and in particular, the reasons for leaving your country of origin and reasons for non-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 you think will support your claim for refugee status.

Based on this interview, UNHCR will determine whether or not you meet the refugee definition and granted refugee status according to international refugee law.

All information (statements, documents) you provide during the RSD interview will be treated in a confidential manner by UNHCR 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.

UNHCR places the utmost importance on the protection of the personal data it is entrusted with. UNHCR’s Data Protection Policy provides the data protection framework for the collection, use and sharing of personal data of all individuals UNHCR serves. For more information, you can download and read the full Data Protection Policy in English here: https://www.refworld.org/policy/strategy/unhcr/2015/en/120873

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. UNHCR will provide you with an interpreter in your RSD Interview; this interpreter is both impartial and neutral, and, thus has no role in making a decision 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 RSD decision/rejection decision.
• Please do not pay attention to rumors spread among refugees about specific stories to be presented to be granted refugee status as this will amount to you providing a false account to UNHCR which will negatively affect the processing of your case and may lead to a negative RSD 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.
• You are not permitted to record or share the contents of any RSD interview conducted by UNHCR. However, to ensure procedural fairness and to prevent fraud, all RSD Interviews are recorded by UNHCR.
• While in India you, like any other foreigner, are expected to respect the laws, customs and traditions of the society hosting you.

Applicants undergoing individual RSD procedures are afforded the best possible opportunity to present their claim in person in an RSD Interview with UNHCR. RSD interviews are conducted by Eligibility Officers who receive extensive and continuous training in refugee law, country of origin information, and trauma-informed interviewing techniques. RSD decisions – at all stages of the RSD process – undergo robust internal quality assurance checks and supervisory review mechanisms to ensure consistency and integrity across RSD outcomes.

Your case will be assessed and reviewed to decide whether you meet the refugee definition or not.

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.

Your appeal application will be reviewed by UNHCR staff different than those who were involved in the initial adjudication or review of your RSD application at first instance. The review of the appeal application shall also take into consideration any new information relevant to the claim, including information relating to a change in the Applicant’s personal circumstances or a change in the situation in their country of origin.

Please be aware that an interview may not be conducted at the appeal stage of the RSD process.

If UNHCR assesses that it needs additional information or any clarifications to arrive at a decision on your appeal asylum application, please rest assured that you will be invited for an appeal interview and be notified of the date and time of this appeal interview. In any case, you will be notified of the decision that UNHCR has made on your appeal application in due course.

Some asylum seekers who have already filed an appeal application with UNHCR India will receive decisions on their applications in a gradual manner in 2026. This is going to take some time especially given the reduction in staff capacity. Decisions will be released for some of those who have already undergone interviews or filed appeals. Some cases may take more time due to individual circumstances. Unfortunately, this may mean that not all who have already undergone RSD interviews or filed appeals will receive results on their applications.

This, if recognized as a refugee at appeal stage, you will be notified of the decision and the next steps in relation to the collection of your Refugee Card in due course. If your application for refugee status at appeal stage is rejected, you will, in due course, be notified of the decision in writing. Please be aware that your case will be closed after rejection at the appeal stage.

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 decision within the prescribed period. However, in certain cases, for example, where there is a significant change in the personal circumstances of the applicant or the conditions in the applicant’s country of nationality/habitual residence that may substantially affect eligibility for refugee status, it may be appropriate to re-open a closed case and to refer the individual to RSD procedures.

All re-opening applications are examined on a case-by-case basis.

You may choose to submit a written reopening request if your RSD case was rejected at the appeal stage. Written reopening requests can be submitted via email at [email protected] in the language of your choice; kindly indicate “Reopening Request” and your UNHCR case number in the subject, and indicate your name, and updated contact number in the email.

You may choose to submit a written reopening request by post to:

UNHCR RSD Unit,

C-543A, Vikas Puri,
New Delhi 110018, India

In your reopening request, kindly outline the reasons for the request to re-open your case, including any new or additional information submitted in support of the request.

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 must be qualified as such under UNHCR’s established procedures.

In India, Migration Asylum Project (MAP) provides information, counselling, referral, representation, and advocacy for asylum seekers and refugees in India free of charge, and you can access their website through the following link: https://www.migrationandasylumproject.org/  for more information.

We would be happy to hear from you. If you have any complaints related to the interviewer, interpreter, or the procedure in general and wish to share feedback on how we can do better, please write to us at [email protected].

Anti-fraud messaging

UNHCR takes a zero-tolerance approach for sexual exploitation, abuse and any such concerns relating to staff misconduct. If you have information about UNHCR staff, or staff of UNHCR partners or contractors involved in fraud, misconduct, exploitation (including sexual exploitation), or sexual abuse, report it immediately and directly to UNHCR’s Inspector-General’s Office (IGO) at [email protected]. The Inspector General’s Office (IGO) provides independent assurance and oversight of UNHCR’s activities and operations. You can also fill an Online Complaint Form to report to the IGO.

All services provided by UNHCR and our partner organizations are free of charge! Refugee community leaders and community-based structures, such as committees, groups or clubs, have no role in facilitating or influencing access to services and assistance provided by UNHCR and partners. Always ask for an official UNHCR ID-card from anyone offering assistance with UNHCR-related services. Ensure that all documents you present to UNHCR are genuine.

If you suspect otherwise, or if anyone requests money in exchange for UNHCR services, or if you have paid for such services, report the incident of fraud or exploitation committed by a refugee or community leader immediately by sending an email with your complaint to UNHCR India at [email protected] or the online complaint form at https://help.unhcr.org/india/reporting-fraud-exploitation-or-abuse/

UNHCR’s Digital Gateway or My Services is an online self-service portal for refugees and asylum-seekers who are registered with UNHCR in India to access services as needed, without having to visit our offices in person. The portal is safe, simple to use, and it can be accessed via mobile or computer in English, Burmese, Dari, Arabic, Somali and Pashto.

To use the My Services portal, refugees and asylum-seekers who are registered with UNHCR India must first create an account.

UNHCR India will invite refugees and asylum-seekers registered with UNHCR India to create an account. Individuals will be scheduled for face-to-face verification interviews at the registration centres in New Delhi and Hyderabad during 2026 and 2027. Following the verification interview, their accounts will be created on the My Services portal. Digital accounts will be created for those who are at least 18 years old at the time of the verification interview.

For more information on the Digital Gateway, please visit My Services Portal – UNHCR India