Impediment to Refugee Status Determination in Kenya with specific reference to the right of Access To Information and Fair Administrative Action
Awich, Joy Margaret Mbogo
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Refugee and asylum seekers ' processing in host countries has been approached differently in different countries. Some countries are welcoming while others close their borders and/or deport them. This study aims to investigate and analyse the international and countries level approach on Refugee Status Determination (RSD) and the bodies set up to administer it with keen focus on the right of access to information (ATI) and fair administrative action (FAA). We begin with the United Nations body established to promote and when need be, step in to handle refugee status determination; United Nations High Commissioner for Refugees (UNHCR). Through secondary modes of data collection, which mainly includes of books, journal articles and decided cases, we will review the theories behind what could be curbing an effective RSD procedure then assess RSD rules and guidelines proposed by the UNHCR with a prime focus on its domestication and application to the case study; Kenya. We will also review RSD processes in three other countries within Africa who are a host to neighbouring countries refugees and asylum seekers with the teleological objective of what Kenya, the case study ought to correct, change and/or adopt for a more humanitarian and efficient RSD procedure.