ICMCEUROPE WelcometoEurope.pdf (5.89 MB)

2. RESETTLEMENT
In practice, resettlement is available as a
durable solution for a comparatively small
number of refugees. In 2012, less than 1%
of the world’s refugees were resettled to
a third country. 35 Resettlement is geared
primarily towards the specific needs of
refugees whose life, liberty, safety, health
or fundamental human rights are at risk
in the country where they have sought
protection (the country of asylum). The
decision to resettle a refugee is normally
made only in the absence of other
durable solutions, or where resettlement
is the only way to secure permanent
safety and fundamental rights.
2.1. Definition
UNHCR defines resettlement as:
‘the selection and transfer of refugees
from a State in which they have sought
protection to a third State which has
agreed to admit them – as refugees – with
permanent residence status. The status
provided ensures protection against
refoulement and provides a resettled
refugee and his/her family or dependants
with access to rights similar to those
enjoyed by nationals. Resettlement also
carries with it the opportunity to eventually
become a naturalised citizen of the
resettlement country.’ 36
35 For example, of the 10.5 million refugees in 2012,
UNHCR submitted 74,835 refugees for resettlement
in 2012, and 69,252 departed (UNHCR Projected
Global Resettlement Needs 2014).
36 UNHCR Resettlement Handbook, 2011
However, refugees do not have a right
to resettlement and no state is legally
obliged to resettle refugees.
2.2. Functions of resettlement
Resettlement has three distinct functions
in the context of international
protection. It is:
• a tool to provide international protection
to refugees with specific and
immediate protection needs;
• a durable solution for refugees
alongside the other durable solutions
of voluntary repatriation and
local integration; and
• a responsibility-sharing mechanism
and an expression of solidarity with
countries of asylum, the majority of
which are in the developing world.
2.3. Who is resettled?
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2.3.1. Refugee recognition as a pre-condition
for resettlement consideration
Resettlement is only available to
refugees recognised by UNHCR under
its mandate 37 who have a continued
need for protection. The few exceptions
to the pre-condition of refugee
recognition are non-refugee stateless
persons and certain non-refugee family
members of refugees.
37 In addition to ‘Convention refugees,’ UNHCR’s protection
mandate also extends to persons ‘who are
outside of their country of nationality or habitual
residence and unable to return there owing to
serious and indiscriminate threats to life, physical
integrity or freedom resulting from generalised violence
or events seriously disturbing public order.’
CHAPTER II CHAPTER I
CHAPTER VI CHAPTER V
CHAPTER IV
CHAPTER III
CHAPTER VII