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Part 1 Refugees, 3 Determination of Refugee Status: Analysis and Application

From: The Refugee in International Law (3rd Edition)

Guy S. Goodwin-Gill, Jane McAdam

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 January 2023

Refugees — Non-refoulement — Persecution — Vienna Convention on the Law of Treaties — Travaux préparatoires — Good faith — Women, rights
The legal consequences1 which flow from the formal definition of refugee status are necessarily predicated upon determination by some or other authority that the individual or group in question satisfies the relevant legal criteria.2 In principle, a person becomes a refugee at the moment when he or she satisfies the definition, so that determination of status is declaratory, rather than constitutive;3 problems arise, however, where States decline to determine refugee status, or where States and UNHCR reach different determinations.4 The UNHCR Statute and the 1951...
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