1983 (Executive Committee-34th Session)

No. 30 (XXXIV) THE PROBLEM OF MANIFESTLY UNFOUNDED OR ABUSIVE APPLICATIONS FOR REFUGEE STATUS OR ASYLUM *

The Executive Committee,

(a) Recalled Conclusion No. 8 (XXVIII) adopted at its twenty- eighth session on the Determination of Refugee Status and Conclusion No. 15 (XXX) adopted at its thirtieth session concerning Refugees without an Asylum Country;

(b) Recalled Conclusion No. 28 (XXXIII) adopted at its thirty- third session in which the need for measures to meet the problem of manifestly unfounded or abusive applications for refugee status was recognized;

(c) Noted that applications for refugee status by persons who clearly have no valid claim to be considered refugees under the relevant criteria constitute a serious problem in a number of States parties to the 1951 Convention and the 1967 Protocol. Such applications are burden- some to the affected countries and detrimental to the interests of those applicants who have good grounds for requesting recognition as refugees;

(d) Considered that national procedures for the determination of refugee status may usefully include special provision for dealing in an expeditious manner with applications which are considered to be so obviously without foundation as not to merit full examination at every level of the procedure. Such applications have been termed either "clearly abusive" or "manifestly unfounded" and are to be defined as those which are clearly fraudulent or not related to the criteria for the granting of refugee status laid down in the 1951 United Nations Con- vention relating to the Status of Refugees nor to any other criteria justi- fying the granting of asylum;

* CONCLUSION ENDORSED BY THE EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER'S PROGRAMME UPON THE RECOMMEN- DATION OF THE SUB-COMMITTEE OF THE WHOLE ON INTERNATIONAL PROTECTION OF REFUGEES.

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