Lesson 15 determining word meanings answer key


  • Put every student on the path to success
  • 5. Stakeholder Management
  • Asylum & the Rights of Refugees
  • Put every student on the path to success

    Convention on the Rights of the Child art. Article 1 A 2 of the Convention defines a refugee as an individual who is outside his or her country of nationality or habitual residence who is unable or unwilling to return due to a well-founded fear of persecution based on his or her race, religion, nationality, political opinion, or membership in a particular social group. Applying this definition, internally displaced persons IDPs — including individuals fleeing natural disasters and generalized violence, stateless individuals not outside their country of habitual residence or not facing persecution, and individuals who have crossed an international border fleeing generalized violence are not considered refugees under either the Convention or the Optional Protocol.

    Countries in the Americas and Africa experiencing large-scale displacement as the result of armed conflicts found that the Convention definition did not go far enough in addressing the protection needs of their populations.

    The African Union is unique in having a convention that specifically addresses the protection needs of IDPs. Exceptions: Exclusion and Cessation Clauses The Convention places a number of restrictions on eligibility for refugee status. Article 1 D excludes individuals who, at the time of the Convention, were already receiving protection or assistance from another UN organ or agency.

    Additionally, Article 1 F excludes individuals: with respect to whom there are serious reasons for considering that: a he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; b he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; c he has been guilty of acts contrary to the purposes and principles of the United Nations.

    Individuals who voluntarily avail themselves of the protection of their country of nationality or habitual residence or individuals who have received protection in a third country are also not considered refugees. See Convention relating to the Status of Refugees, art. What Rights Do Refugees Have? Refugee law and international human rights law are closely intertwined; refugees are fleeing governments that are either unable or unwilling to protect their basic human rights.

    Additionally, in cases where the fear of persecution or threat to life or safety arises in the context of an armed conflict, refugee law also intersects with international humanitarian law. Non-refoulement is universally acknowledged as a human right. Belgium and Greece [GC], no. The principle of non-refoulement prohibits not only the removal of individuals but also the mass expulsion of refugees. See, e. There are two important restrictions to this principle. Freedom of movement, however, is also a key right for refugees within their host country.

    Article 26 of the Convention provides that States shall afford refugees the right to choose their place of residence within the territory and to move freely within the State. In such countries, refugee warehousing — in which refugees are confined to refugee camps, thereby restricting their access to employment and education — is commonly practiced. Countries such as Kenya and Ethiopia specify in their national laws that the movement of refugees throughout the country may be restricted and that refugees may be limited to living in designated areas, namely refugee camps.

    National Refugee Proclamation, No. The national laws of several countries provide for the detention of asylum seekers at one point or another during the adjudication of their claims. The detention of asylum seekers is a contentious issue because of the conditions found in the detention facilities of several countries.

    This is particularly an issue in Greece, a country overwhelmed by the number of asylum seekers it receives, many of whom use Greece as a port of entry as they try to access other European countries. See Dublin Regulation, art. As a result, many of these asylum seekers are returned to Greece to have their claims adjudicated. Human rights organizations including Amnesty International have reported on unsanitary and over-crowded conditions in Greek detention centers.

    Amnesty International, Annual Report , Additionally, asylum seekers have claimed that they did not have access to a UNHCR representative or information about how to apply for asylum while in detention. In respect of this right, a number of countries provide for the granting of derivative status to dependent relatives.

    Thus, where an individual is granted asylum, his or her dependent relatives will also receive protection through him or her. See 8 U. Consequently, these domestic laws do not preclude dependent relatives from making their own asylum claims.

    The definition of a dependent relative, however, varies by the cultural notions of family prevalent in the State party. In the U. OTHER RIGHTS The Convention also protects other rights of refugees, such as the rights to education, access to justice, employment, and other fundamental freedoms and privileges similarly enshrined in international and regional human rights treaties.

    In their enjoyment of some rights, such as access to the courts, refugees are to be afforded the same treatment as nationals while with others, such as wage-earning employment and property rights, refugees are to be afforded the same treatment as foreign nationals.

    Despite these rights being protected in the Convention and under human rights treaties, refugees in various countries do not enjoy full or equal legal protection of fundamental privileges. Ethiopia, for example, made reservations to Article 22 public education and Article 17 wage-earning employment , treating these articles as recommendations rather than obligations.

    Although not a party to the Convention, Lebanon is host to a large population of refugees, predominately Palestinians. Restrictive labor and property laws in Lebanon prevent Palestinians from practicing professions requiring syndicate membership, such as law, medicine, and engineering, and from registering property. The adjudication of asylum claims is reserved to individual States.

    Although some States, namely those that comprise the Council of the European Union, have made an effort to adopt a uniform asylum system, international and regional bodies lack the jurisdiction to adjudicate individual asylum claims. International and regional bodies do, however, adjudicate claims asserting violations of the human rights of refugees and asylum seekers.

    Despite differences across, and sometimes within, States, there are a number of commonalities between the asylum procedures of States who have national frameworks for granting refugee status.

    The following is a general and simplified explanation of these procedures. Interpretation of Key Terms In order to understand how these procedures operate it is necessary to first identify how certain key terms in the Convention are defined within the domestic legal systems of particular States.

    See, 8 U. Asylum seeker — person within a State party who has applied for recognition as a refugee. If the asylum seeker is determined to meet the definition of a refugee they are granted asylum. This is considered to be both an objective and subjective standard.

    Although well-founded fear refers to a future threat of persecution, individuals who have faced persecution in the past are presumed to have a well-founded fear. Persecution — persecution is not defined in the Convention or the Optional Protocol.

    Qualification Directive, art. The persecution at issue also does not need to have been committed by a State actor; persecutory acts committed by non-state actors may qualify under the Convention where the State is unwilling or unable to protect the individual claiming refugee status. On account of — there must be a causal nexus between one of the five grounds and the persecutory act. In practice, this means that applicants must show that one of the protected grounds was or will be at least one central reason for the persecution.

    Race, religion, nationality — the asylum applicant need not actually possess the racial, religious, or national characteristic in question provided that characteristic was attributed to the asylum seeker by the persecutor and is the reason for the persecution See, e.

    Political opinion — like the above three grounds, political opinion may be imputed to the asylum seeker. There is some debate within the U. Membership in a particular social group — there is still a lack of consensus as to what constitutes a particular social group and whether classes of persons not included in the Convention who nonetheless face persecution, such as women and homosexuals, fall within this category.

    See Selected Case Law, below The Council of the European Union has stated that persons may be considered to constitute a particular social group when they share a common immutable characteristic, that is, something innate to their being or so fundamental to their being that they cannot be expected to change it, and have a distinct identity within their country of nationality or habitual residence because they are perceived as being different by that society.

    Particularly serious crime — the definition of a particularly serious crime varies by country. The UNHCR considers a particularly serious crime to be a capital crime or a very grave punishable act. The UNHCR recommends balancing the severity of the crime against the severity of the persecution feared but this balancing test has not been widely adopted. See Ali v. Achim , F. Under the statute, aggravated felonies may include felonies for which the potential sentence is imprisonment for one year or more.

    For withholding of removal, the potential sentence must be for at least five years. War crimes, Crimes against Humanity — States apply the definition provided in international humanitarian law, as articulated in Articles 7 and 8 of the Rome Statute of the International Criminal Court.

    See A. National Procedures for Claiming Asylum Typically, refugee status determinations or asylum adjudications are conducted by an official from a designated government department or agency. These officials should have a solid knowledge of refugee law. In most cases, the official will interview the asylum seeker to evaluate his or her evidence and credibility.

    The burden is on the asylum seeker to prove that he or she meets the definition of a refugee and asylum seekers are encouraged to supply as much supporting evidence as possible.

    Supporting evidence may take the form of country reports, NGO reports, news articles, affidavits, or the in-person testimony of witnesses. Some States, however, do place time restraints on how many days after entry into their country an asylum seeker may make an application. Compare 8 U. In addition to making a claim at the border, individuals in deportation proceedings may also raise an asylum claim, provided their claim is timely.

    If the official finds that the asylum seeker has a well-founded fear of persecution based on one of the five grounds, he or she can grant the applicant asylum. Individuals granted asylum receive a residence permit for themselves as well as one for any dependent relatives.

    States provide that where the Government denies an asylum application, the asylum seeker is to receive an explanation of the reasons for the denial. Asylum seekers have a right to appeal their negative decision. Generally, an applicant may not be removed unless they have exhausted all of their available remedies. Individuals who are ineligible for asylum may nonetheless be eligible for more limited forms of protection. These include protection under Article 3 of the Convention against Torture, which forbids States parties from extraditing or returning an individual to a country where they risk being tortured or subjected to cruel, inhuman, or degrading treatment or punishment.

    States also grant complementary forms of protection, such as withholding of removal, subsidiary protection, and Temporary Protected Status to individuals who do not meet the definition of a refugee but whose life or freedom would be in danger if returned to their country of nationality or country of habitual residence.

    L Fr. Refugee Status Determinations by the UNHCR There are a number of States who host large refugee populations but who are either not a party to the Convention and Optional Protocol or who do not have laws or policies in place to address asylum claims.

    After registering with the local UNHCR office , asylum seekers meet with an Eligibility Officer who examines their application and supporting documentation. All asylum seekers have the right to an individual in-person interview and may be accompanied by a legal representative. Asylum seekers are permitted to bring witnesses, but UNHCR policy is that the testimony of witnesses should not be given in the presence of the applicant and should never be given in the presence of other witnesses or third parties.

    Where the eligibility officer has decided not to award refugee status, the applicant is entitled to an explanation of the negative determination. Applicants who have not been granted refugee status are entitled to an appeal. All individuals granted refugee status as well as derivative relatives are issued a UNHCR Refugee Certificate which stipulates that the holder is a refugee and is therefore entitled to protection, including protection from refoulement.

    UNHCR normally determines refugee status on an individual basis; however, the agency will afford prima facie refugee status to groups in cases where a large group of individuals has been displaced and the need for protection is especially urgent. In addition to conducting RSDs and providing assistance to refugees and other persons of concern, UNHCR facilitates resettlement to third countries where voluntary repatriation or local integration is not feasible.

    What is an isomorphic graph? Graphs G and H are isomorphic if there is a structure that preserves a one-to-one correspondence between the vertices and edges. In other words, the two graphs differ only by the names of the edges and vertices but are structurally equivalent as noted by Columbia University.

    Method One — Checklist Look at the two graphs below. Are they isomorphic? Yes, both graphs have 4 vertices. Are the number of edges in both graphs the same? Yes, both graphs have 4 edges. Is the degree sequence in both graphs the same? Yes, each vertex is of degree 2. If the vertices in one graph can form a cycle of length k, can we find the same cycle length in the other graph? Yes, each graph has a cycle of length 4. And if we can answer yes to all four of the above questions, then the graphs are isomorphic.

    In other words, they are the equivalent graphs just in different forms. Simply put, Isomorphism Definition Method Two — Relabeling In addition to counting vertices, edges, degrees, and cycles, there is another easy way to verify an isomorphism between two simple graphs: relabeling. Suppose we want to show the following two graphs are isomorphic. Two Graphs — Isomorphic Examples First, we check vertices and degrees and confirm that both graphs have 5 vertices and the degree sequence in ascending order is 2,2,2,3,3.

    Now we methodically start labeling vertices by beginning with the vertices of degree 3 and marking a and b. Label Odd Vertices Next, we notice that in both graphs, there is a vertex that is adjacent to both a and b, so we label this vertex c in both graphs. Label Adjacent Vertex This now follows that there are two vertices left, and we label them according to d and e, where d is adjacent to a and e is adjacent to b.

    Label Remaining Vertices And finally, we define our isomorphism by relabeling each graph and verifying one-to-correspondence. Define Isomorphism — Example Relabeling Caveats Please know that this is not the only way to define the isomorphism as if graph G has n vertices and graph H has m edges. The number of bijections from vertices is n! The first thing we do is count the number of edges and vertices and see if they match.

    Then we look at the degree sequence and see if they are also equal. Next, we look for the longest cycle as long as the first few questions have produced a matching result. And lastly, we will relabel, using method 2, to generate our isomorphism. For the following two examples, you will see that the degree sequence is the best way for us to determine if two graphs are isomorphic. In our previous lesson, Graph Theory, we talked about subgraphs, as we sometimes only want or need a portion of a graph to solve a problem.

    If removing a vertex or an edge from a graph produces a subgraph, are there times when removing a particular vertex or edge will create a disconnected graph?

    The removal of a cut vertex, sometimes called cut points or articulation points, and all its adjacent edges produce a subgraph that is not connected. Likewise, removing a cut edge, commonly called a bridge, also makes a disconnected graph. The key to determining cut points and bridges is to go one vertex or edge at a time. If you remove it, can you still chart a path to all remaining vertices? Example Find all bridges from the graph below.

    A graph is planar if it can be drawn in the plane without any edges crossing. In other words, edges only intersect at endpoints vertices For example, the following graph is planar because we can redraw the purple edge so that the graph has no intersecting edges. A quotient graph can be obtained when you have a graph G and an equivalence relation R on its vertices.

    The new graph has a vertex for each equivalence class and an edge whenever there is an edge in G connecting a vertex from each of these equivalence classes. These can be a bit tricky at first, but we will work through these questions slowly in the video to ensure understanding. Together we will learn how to determine if two graphs are isomorphic, find bridges and cut points, identify planar graphs, and draw quotient graphs.

    Arrange to meet privately and informally with each team member at several points in the project, perhaps for lunch or coffee. Encourage team members to pitch in and help others when needed. Complete a project performance review for team members. Your Manager Typically the boss decides what the assignment is and who can work with the project manager on projects. Keeping your manager informed will help ensure that you get the necessary resources to complete your project. If things go wrong on a project, it is nice to have an understanding and supportive boss to go to bat for you if necessary.

    By supporting your manager, you will find your manager will support you more often. Find out exactly how your performance will be measured. When unclear about directions, ask for clarification.

    5. Stakeholder Management

    Develop a reporting schedule that is acceptable to your boss. Communicate frequently. Peers Peers are people who are at the same level in the organization as you and may or may not be on the project team.

    These people will also have a vested interest in the product. However, they will have neither the leadership responsibilities nor the accountability for the success or failure of the project that you have. Because most of us serve our self-interest first, use some investigating, selling, influencing, and politicking skills here.

    To ensure you have cooperation and support from your peers: Get the support of your project sponsor or top management to empower you as the project manager with as much authority as possible. Confront your peer if you notice a behaviour that seems dysfunctional, such as bad-mouthing the project. Be explicit in asking for full support from your peers. Arrange for frequent review meetings. Establish goals and standards of performance for all team members.

    Resource Managers Because project managers are in the position of borrowing resources, other managers control their resources. So their relationships with people are especially important. If their relationship is good, they functional reporting vs dotted line be able to consistently acquire the best staff and the best equipment for their projects.

    Internal Customers Internal customers are individuals within the organization who are customers for projects that meet the needs of internal demands. The customer holds the power to accept or reject your work. Early in the relationship, the project manager will need to negotiate, clarify, and document project specifications and deliverables. Clarify all project requirements and specifications in a written agreement. Specify a change procedure.

    Establish the project manager as the focal point of communications in the project organization. External customer External customers are the customers when projects could be marketed to outside customers. In the case of Ford Motor Company, for example, the external customers would be the buyers of the automobiles. Also if you are managing a project at your company for Ford Motor Company, they will be your external customer. Government Project managers working in certain heavily regulated environments e.

    These can include all or some levels of government from municipal, provincial, federal, to international. This can be a construction management foreman, network consultant, electrician, carpenter, architect, or anyone who is not an employee. Managing contractors or suppliers requires many of the skills needed to manage full-time project team members. Any number of problems can arise with contractors or subcontractors: Quality of the work Cost overruns Schedule slippage Many projects depend on goods provided by outside suppliers.

    This is true for example of construction projects where lumber, nails, bricks, and mortar come from outside suppliers. If the supplied goods are delivered late or are in short supply or of poor quality or if the price is greater than originally quoted, the project may suffer. It is not purely intuitive; it involves a sophisticated skill set that includes managing conflicts, negotiating, and other interpersonal skills.

    Politics of Projects Many times, project stakeholders have conflicting interests. Be certain to identify and meet with all key stakeholders early in the project to understand all their needs and constraints. Project managers are somewhat like politicians. Typically, they are not inherently powerful or capable of imposing their will directly on coworkers, subcontractors, and suppliers. Like politicians, if they are to get their way, they have to exercise influence effectively over others.

    On projects, project managers have direct control over very few things; therefore their ability to influence others — to be a good politician — may be very important Here are a few steps a good project politician should follow. However, a good rule is that when in doubt, stakeholder conflicts should always be resolved in favour of the customer. Assess the environment Identify all the relevant stakeholders.

    Because any of these stakeholders could derail the project, you need to consider their particular interest in the project. Once all relevant stakeholders are identified, try to determine where the power lies. In the vast cast of characters, who counts most? Whose actions will have the greatest impact?

    Identify goals After determining who the stakeholders are, identify their goals. What is it that drives them? What is each after? Are there any hidden agendas or goals that are not openly articulated? What are the goals of the stakeholders who hold the power? These deserve special attention. Define the problem The facts that constitute the problem should be isolated and closely examined.

    Culture of Stakeholders When project stakeholders do not share a common culture, project management must adapt its organizations and work processes to cope with cultural differences. The following are three major aspects of cultural difference that can affect a project: Communications Negotiations Decision making Communication is perhaps the most visible manifestation of culture.

    Project managers encounter cultural differences in communication in language, context, and candor. Language is clearly the greatest barrier to communication. When project stakeholders do not share the same language, communication slows down and is often filtered to share only information that is deemed critical. The barrier to communication can influence project execution where quick and accurate exchange of ideas and information is critical.

    The interpretation of information reflects the extent that context and candor influence cultural expressions of ideas and understanding of information.

    Asylum & the Rights of Refugees

    In some cultures, an affirmative answer to a question does not always mean yes. The cultural influence can create confusion on a project where project stakeholders represent more than one culture. Example: Culture Affects Communication in Mumbai A project management consultant from the United States was asked to evaluate the effectiveness of a U.

    The project team reported that the project was on schedule and within budget. After a project review meeting where each of the engineering leads reported that the design of the project was on schedule, the consultant began informal discussions with individual engineers and began to discover that several critical aspects of the project were behind schedule.

    Without a mitigating strategy, the project would miss a critical window in the weather between monsoon seasons. The information on the project flowed through a cultural expectation to provide positive information.

    The project was eventually canceled by the U. Not all cultural differences are related to international projects. Corporate cultures and even regional differences can create cultural confusion on a project. Example: Cultural Differences between American Regions On a major project in South America that included project team leaders from seven different countries, the greatest cultural difference that affected the project communication was between two project leaders from the United States.

    Two team members, one from New Orleans and one from Brooklyn, had more difficulty communicating than team members from Lebanon and Australia. Managing Stakeholders Often there is more than one major stakeholder in the project. The business or emotional investment of the stakeholder in the project and the ability of the stakeholder to influence the project outcomes or execution approach will also influence the stakeholder complexity of the project.

    A small commercial construction project will typically have several stakeholders. All the building permitting agencies, environmental agencies, and labour and safety agencies have an interest in the project and can influence the execution plan of the project.

    The neighbours will have an interest in the architectural appeal, the noise, and the purpose of the building. The plant was to be built in India a few years after an accident that killed several Indians and involved a different U.

    When the company announced the new project and began to break ground, the community backlash was so strong that the project was shut down. A highly involved stakeholder can significantly influence your project.

    Example: Wind Turbine on a College Campus A small college in South Carolina won a competitive grant to erect and operate a wind turbine on campus. The engineering department submitted the grant as a demonstration project for engineering students to expose students to wind technology.

    OTHER RIGHTS The Convention also protects other rights of refugees, such as the rights to education, access to justice, employment, and other fundamental freedoms and privileges similarly enshrined in international and regional human rights treaties.

    In their enjoyment of some rights, such as access to the courts, refugees are to be afforded the same treatment as nationals while with others, such as wage-earning employment and property rights, refugees are guska yar be afforded the same treatment as foreign nationals. Despite these rights being protected in the Convention and under human rights treaties, refugees in various countries do not enjoy full or equal legal protection of fundamental privileges.

    Ethiopia, for example, made reservations to Article 22 public education and Article 17 wage-earning employmenttreating these articles as recommendations rather than obligations. Although not a party to the Convention, Lebanon is host to a large population of refugees, predominately Palestinians. Restrictive labor and property laws in Lebanon prevent Palestinians from practicing professions requiring syndicate membership, such as law, medicine, and engineering, and from registering property.

    The adjudication of asylum claims is reserved to individual States. Although some States, namely those that comprise the Council of the European Union, have made an effort to adopt a uniform asylum system, international and regional bodies lack the jurisdiction to adjudicate individual asylum claims. International and regional bodies do, however, adjudicate claims asserting violations of the human rights of refugees and asylum seekers. Despite differences across, and sometimes within, States, there are a number of commonalities between the asylum procedures of States who have national frameworks for granting refugee status.

    The following is a general and simplified explanation of these procedures. Interpretation of Key Terms In order to understand how these procedures operate it is necessary to first identify how certain key terms in the Convention are defined within the domestic legal systems of particular States.

    See, 8 U. Asylum seeker — person within a State party who has applied for recognition as a refugee. If the asylum seeker is determined to meet the definition of a refugee they are granted asylum. This is considered to be both an objective and subjective standard. Although well-founded fear refers to a future threat of persecution, individuals who have faced persecution in the past are presumed to have a well-founded fear.

    Persecution — persecution is not defined in the Convention or the Optional Protocol. Qualification Directive, art. The persecution at issue also does not need to have been committed by a State actor; persecutory acts committed by non-state actors may qualify under the Convention where the State is unwilling or unable to protect the individual claiming refugee status.

    On account of — there must be a causal nexus between one of the five grounds and the persecutory act. In practice, this means that applicants must show that one of the protected grounds was or will be at least one central reason for the persecution. Race, religion, nationality — the asylum applicant need not actually possess the racial, religious, or national characteristic in question provided that characteristic was attributed to the asylum seeker by the persecutor and is the reason for the persecution See, e.

    Political opinion — like the above three grounds, political opinion may be imputed to the asylum seeker. There is some debate within the U. Membership in a particular social group — there is still a lack of consensus as to what constitutes a particular social group and whether classes of persons not included in the Convention who nonetheless face persecution, such as women and homosexuals, fall within this category.

    See Selected Case Law, below The Council of the European Union has stated that persons may be considered to constitute a particular social group when they share a common immutable characteristic, that is, something innate to their being or so fundamental to their being that they cannot be expected to change it, and have a distinct identity within their country of nationality or habitual residence because they are perceived as being different by that society.

    Particularly serious crime — the definition of a particularly serious crime varies by country. The UNHCR considers a particularly serious crime to be a capital crime or a very grave punishable act. The UNHCR recommends balancing the severity of the crime against the severity of the persecution feared but this balancing test has not been widely adopted. See Ali v. AchimF. Under the statute, aggravated felonies may include felonies for which the potential sentence is imprisonment for one year or more.

    For withholding of removal, the potential sentence must be for at least five years. War crimes, Crimes against Humanity — States apply the definition provided in international humanitarian law, as articulated in Articles 7 and 8 of the Rome Statute of the International Criminal Court.

    See A. National Procedures for Claiming Asylum Typically, refugee status determinations or asylum adjudications are conducted by an official from a designated government department or agency. These officials should have a solid knowledge of refugee law.

    In most cases, the official will interview the asylum seeker to evaluate his or her evidence and credibility. The burden is on the asylum seeker to prove that he or she meets the definition of a refugee and asylum seekers are encouraged to supply as much supporting evidence as possible.

    Supporting evidence may take the form of country reports, NGO reports, news articles, affidavits, or the in-person testimony of witnesses. Some States, however, do place time restraints on how many days after entry into their country an asylum seeker may make an application.

    Compare 8 U. In addition to making a claim at the border, individuals in deportation proceedings may also raise an asylum claim, provided their claim is timely. If the official finds that the asylum seeker has a well-founded fear of persecution based on one of the five grounds, he or she can grant the applicant asylum.

    Individuals granted asylum receive a residence permit for themselves as well as one for any dependent relatives. States provide that where the Government denies an asylum application, the asylum seeker is to receive an explanation of the reasons for the denial. Asylum seekers have a right to appeal their negative decision. Generally, an applicant may not be removed unless they have exhausted all of their available remedies.

    Individuals who are ineligible for asylum may nonetheless be eligible for more limited forms of protection. These include protection under Article 3 of the Convention against Torture, which forbids States parties from extraditing or returning an individual to a country where they risk being tortured or subjected to cruel, inhuman, or degrading treatment or punishment. States also grant complementary forms of protection, such as withholding of removal, subsidiary protection, and Temporary Protected Status to individuals who do not meet the definition of a refugee but whose life or freedom would be in danger if returned to their country of nationality or country of habitual residence.

    L Fr. Refugee Status Determinations by the UNHCR There are a number of States who host large refugee populations but who are either not a party to the Convention and Optional Protocol or who do not have laws or policies in place to address asylum claims. After registering with the local UNHCR officeasylum seekers meet with an Eligibility Officer who examines their application and supporting documentation.

    All asylum seekers have the right to an individual in-person interview and may be accompanied by a legal representative. Asylum seekers are permitted to bring witnesses, but UNHCR policy is that the testimony of witnesses should not be given in the presence of the applicant and should never be given in the presence of other witnesses or third parties.

    Where the eligibility officer has decided not to award refugee status, the applicant is entitled to an explanation of the negative determination. Applicants who have not been granted refugee status are entitled to an appeal. All individuals granted refugee status as well as derivative relatives are issued a UNHCR Refugee Certificate which stipulates that the holder is a refugee and is therefore entitled to protection, including protection from refoulement.

    UNHCR normally determines refugee status on an individual basis; however, the agency will afford prima facie refugee status to groups in cases where a large group of individuals has been displaced and the need for protection is especially urgent. In addition to conducting RSDs and providing assistance to refugees and other persons of concern, UNHCR facilitates resettlement to third countries where voluntary repatriation or local integration is not feasible.

    Board of Immigration Appeals BIA held that young women who were members of the Tchamba-Kunsuntu Tribe of northern Togo who had not been subjected to female genital mutilation, as practiced by that tribe, and who opposed the practice constituted a particular social group. The criteria for identifying a particular social group in the U. In Benitez Ramos v. HolderF.


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