CIC June 2010

This message is to inform sponsors that it is beneficial to provide UNHCR documentation whenever possible for refugees sponsored from Horn of Africa countries. There are several reasons for this.   

The first reason is for the refugee’s own protection.  It is a requirement of Kenyan law for asylum seekers to register with UNHCR and carry a UNHCR certificate or, if they live in a refugee camp, a ration card.  Persons without proof of UNHCR registration, or a status document issued by the Government of Kenya, have no legal status to remain in the country, and could be deported at any time.  They also have no access to the many services provided to refugees by UNHCR and their partners.  

UNHCR documentation is also important because it helps establish the refugee’s identity and family composition going back in time.  This strengthens the application for resettlement to Canada, since UNHCR documentation is often the only documentation available to refugees in the region.  Registration documents issued by UNHCR include photographs and can be verified to prevent imposters from using them.  They are issued after fingerprinting and systematic recording of information about each family member in a database, so are more reliable than other types of documentation that may be provided in support of applications. 

If a refugee applicant cannot produce UNHCR documentation, sponsors should ask why.  It is important to note that the UNHCR does not turn away any asylum seeker who approaches their offices in Kenya.  All persons approaching UNHCR receive some kind of document: an appointment for registration, a movement pass to travel to a refugee camp, an asylum seeker certificate, a ration card, a mandate letter, a refusal letter, or an appeal decision.  So every person who has approached UNHCR should be able to provide documents.   

Please note that UNHCR documents and issuance procedures vary from place to place and are subject to change.  The following is currently true for Kenya.   

Persons who are registered with UNHCR receive a certificate or ration card.  These documents include the words  “Asylum Seeker” and do not indicate that the person has been determined by UNHCR to be a Convention refugee.  Once registered, asylum seekers are queued for refugee status determination.  If status is granted, then they will be given a mandate letter or a normal ration card.  It can take a long time to obtain status determination interview and mandate, particularly in the refugee camps, so not all applicants will be able to provide these.  But all applicants in Kenya should be able to provide some kind of UNHCR documentation. 

Sponsors should also stress to sponsored refugees the importance of keeping their UNHCR  documentation up-to-date.  In Kenya, UNHCR mandate letters are issued with a two-year validity. The UNHCR will not deny renewal of the mandate letter to a refugee unless there has been new information on file that leads to a revocation of status.  If that happens, the UNHCR will provide a letter indicating why status was refused, as well as instructions for appeal.  Appeals are heard by a board and two outcomes are possible.  If the decision is made to uphold the initial refusal, a decision letter will be issued.  If a decision is made to grant Convention refugee status, a mandate letter will be issued.     

It is important to note that applicants who present a valid UNHCR mandate letter will not automatically be approved for resettlement to Canada.  This may in some cases be due to the fact that the asylum seeker has not had a full refugee status determination done by UNHCR.  Some persons, such as Somalis from South and Central Somalia and Eritreans, are treated as prima facie refugees and fast tracked through the process.  In other cases, the UNHCR interviews to collect sufficient information to confer status in the asylum country, but not for resettlement referral.  This is a separate and much more detailed process.   

The UNHCR status determination process contrasts with the determination made for resettlement to Canada which, unless deemed otherwise by the Minister or public policy, is made on a case-by-case basis by Canadian visa officers after a full eligibility assessment.  This process for resettlement to Canada is more in depth than the UNHCR’s status determination process, which confers status in the asylum country.  If, after a detailed review of all evidence presented on the application and at interview, the Canadian officer is not satisfied with the applicant’s identity, eligibility, and admissibility, even a UNHCR mandate refugee will be refused resettlement to Canada.   

It is also not automatic that applicants who present a refusal letters or negative appeal decisions from UNHCR will be refused resettlement to Canada.  Canada’s refugee and humanitarian programs use broader definitions than UNHCR for determining who is a refugee or protected person abroad.  Applicants should be encouraged to provide even negative UNHCR decisions with their applications because these documents serve as proof of their identities, family compositions, and histories as asylum seekers.