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, where UNHCR refugee status (international protection) is granted to those who can demonstrate persecution or threats in their home country, proving their lives are at risk.

UNHCR recognition of Refugee Status. If the application is successful, an individual or family will be formally recognized not only by UNHCR but also by all countries that have signed the 1951 UN Refugee Convention. UNHCR recognition as a bona fide refugee is often a basic criterion for acceptance of anyone attempting to apply as a refugee in Canada and elsewhere. (Exceptions, however, do apply for some countries and some immigration procedures.)

Why Seeking Asylum is Often Not Granted. The application process with UNHCR must be presented chronologically. In many cases, individuals making an application proceed without sufficient explanation of the incidents they went through to make their case adequate. Even with some help in articulating their statements, their situation might have met the criteria of UNHCR. UNHCR’s Refugee Status Determination (RSD) process includes an initial assessment and the right to appeal a negative decision (typically within 30 days), but if the appeal fails, the case is closed. Reopening is possible in exceptional cases (e.g., new evidence or changed circumstances), though 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).

The UNHCR Refugee Status Determination (RSD) Process: A Chronological Overview UNHCR’s RSD is the legal or administrative procedure to determine if an asylum-seeker qualifies as a refugee under the 1951 Convention. In Thailand, it is conducted fairly and efficiently with procedural safeguards. Here’s 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 access to services while the claim is processed.
  • Submission of Application: Submit a formal claim with a written statement (preferably in English, and assistance isn’t available) detailing persecution events chronologically, plus supporting evidence (documents, witnesses).
  • RSD Interview: Individual interview(s) with a UNHCR officer to assess credibility and fear of persecution. Interpreters are provided; focus on details and evidence. Wait times can exceed one year due to high volumes.
  • Decision Notification: Written decision issued. If recognized, a Refugee Certificate is provided. If rejected, reasons are given (e.g., lack of credibility, no well-founded fear).
  • Appeal Process: If rejected, appeal within 30 days (varies slightly by location). Reviewed by a different officer; new evidence can be submitted. If denied, the case closes, but reopening is possible in exceptional cases.
  • Post-Decision Outcomes: Recognized refugees access resettlement, integration, or repatriation. Rejected applicants lose UNHCR protection and may face deportation; alternatives include Thailand’s NSM for “Protected Persons.”

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

The Thailand Situation. Thailand has not signed the 1951 UN Refugee Convention, so even when UNHCR does provide ‘Refugee Status’ to applicants in Thailand, the country will not recognize the 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, when refugees flee to Thailand (and other countries), they arrive with just their visitor’s visa, which, when it expires after 2 months, leaves them vulnerable to detention or deportation if visas expire.

Pending Cases. In the case of POC, our People of Concern may be in the process of making an application to UNHCR or awaiting a decision on their case.

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 the UNHCR, the Sponsorship Agreement Holders (SAH) program provides a critical alternative. SAHs—organizations, often churches or parishes, 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 don’t succeed with UNHCR but still qualify under Canadian criteria.

 

This page by:  Sam Afzal (POC coordinator)
First published:  2025/08/20/
Latest revision:  2025/09/10/