How Refugee Cases are Assessed in Thailand

Procedures and Terminology Relating to Refugee Status & Seeking Asylum

Our POC project uses “seeking asylum” specifically for families pursuing recognition as bona fide refugees with UNHCR. UNHCR refugee status (international protection) is granted to those who can demonstrate persecution or credible threats in their home country, proving their lives are at risk.

If the application is successful, an individual or family will be formally recognized by UNHCR. However, because Thailand has not signed the 1951 UN Refugee Convention, the Thai government does not recognize UNHCR refugee status. This creates a critical gap: even recognized refugees remain undocumented and vulnerable under Thai law.

UNHCR recognition is often a basic criterion for acceptance in refugee resettlement programs in Canada and elsewhere. (Exceptions, however, do apply for some countries and some immigration procedures.)

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Why Seeking Asylum is Often Not Granted

The application process with UNHCR requires a detailed, chronologically ordered narrative. In many cases, applicants proceed without sufficiently explaining the incidents they endured, making their case inadequate. Even with some help in articulating their statements, their situation might have met the criteria for UNHCR protection, but gaps in the application can lead to refusal.

UNHCR’s Refugee Status Determination (RSD) process includes an initial assessment and the right to appeal a negative decision (typically within 30 days). If the appeal fails, the case is closed. Reopening is possible in exceptional cases—such as new evidence or changed circumstances—though this is rare and not guaranteed.

If the application ultimately fails, applicants may lose the chance to be recognized as bona fide refugees by UNHCR, leaving them vulnerable to deportation or needing to seek alternatives like Thailand’s National Screening Mechanism (NSM).

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The UNHCR Refugee Status Determination (RSD) Process: A Chronological Overview

UNHCR’s RSD is the legal and administrative procedure to determine if an asylum-seeker qualifies as a refugee under the 1951 Convention. In Thailand, it is conducted with procedural safeguards, though backlogs and resource constraints are significant challenges. Here is the typical step-by-step process:

  • Registration: Asylum-seekers first register with UNHCR (via email or phone), providing basic information. This issues an Asylum Seeker Certificate and provides access to limited services while the claim is processed.
  • Submission of Application: Submit a formal claim with a written statement (preferably in English) detailing persecution events chronologically, along with supporting evidence such as documents, witness statements, or country condition reports. Assistance in preparing statements is not provided by UNHCR, though external help may be sought.
  • RSD Interview: Individual interview(s) with a UNHCR officer to assess credibility and the well-founded fear of persecution. Interpreters are provided. The officer focuses on details and consistency of evidence. Wait times for interviews can exceed one year due to high case volumes and limited resources.
  • Decision Notification: A written decision is issued. If recognized, a Refugee Certificate is provided. If rejected, reasons are given (e.g., lack of credibility, insufficient evidence, or no well-founded fear).
  • Appeal Process: If rejected, an appeal must be filed within 30 days (timelines may vary slightly by location). The appeal is reviewed by a different officer, and new evidence can be submitted. If the appeal is denied, the case is closed. Reopening is possible only in exceptional circumstances.
  • Post-Decision Outcomes: Recognized refugees may access resettlement, integration support, or voluntary repatriation. Rejected applicants lose UNHCR protection and may face deportation. Alternatives include Thailand’s NSM for “Protected Persons,” though this pathway is still developing and limited in scope.

UNHCR’s process is resource-constrained, leading to significant backlogs and strict evaluations. Assistance in preparing statements (e.g., chronological narratives) can improve an application, but inadequate or incomplete details often result in denial.

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The Thailand Situation

Thailand has not signed the 1951 UN Refugee Convention. As a result, even when UNHCR grants “Refugee Status” to applicants in Thailand, the Thai government does not recognize that status. Under Thai law, the only way a refugee can remain legally in Thailand is if they hold and maintain a valid visa.

In most cases, refugees flee to Thailand on a visitor’s visa, which is typically valid for 60 days (or up to 90 days for some nationalities). Once that visa expires, they become undocumented and are vulnerable to arrest, detention, or deportation.

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Pending Cases

In the case of POC, our People of Concern may be in the process of making an application to UNHCR, awaiting a decision on their case, or navigating the appeal process. Many families have been in this precarious state for years.

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Alternate Routes to Sponsorship Even if Not UNHCR Approved

Canada’s Private Sponsorship of Refugees (PSR) program offers vital pathways for both UNHCR-recognized and UNHCR-rejected refugee families.

For UNHCR-recognized refugees, two of the three PSR programs are available: the Group of Five and Community Sponsorship options.

For families rejected by UNHCR, the Sponsorship Agreement Holders (SAH) program provides a critical alternative. SAHs—organizations, often churches or parish groups, with formal agreements with the Government of Canada—can sponsor individuals or families who meet Canada’s refugee definitions (either as Convention refugees with a well-founded fear of persecution, or as members of the Country of Asylum Class affected by armed conflict or human rights violations).

Unlike the Group of Five or Community Sponsorship streams, SAHs do not require prior UNHCR recognition or host country refugee status. Canada conducts its own independent assessment through Immigration, Refugees and Citizenship Canada (IRCC), reviewing applications, supporting documents, and conducting interviews to determine eligibility—even if UNHCR has rejected the case due to procedural issues or evidentiary gaps. This provides a crucial opportunity for UNHCR-rejected families, as long as an SAH supports their sponsorship and they pass Canada’s security, criminal, and medical screenings.

For our POC project, this means we can explore partnerships with Canadian SAHs to assist families who do not succeed with UNHCR but still qualify under Canadian criteria.

 

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This page by:  Sam Afzal (POC coordinator)
First published:  2025/08/20/
Latest revision:  2026/08/20