Egypt is a signatory to the 1951 Refugee Convention and its 1967 Protocol but does not yet have a legislative framework to manage asylum. Under the 1954 Memorandum of Understanding (MoU), refugee status determination (RSD) responsibilities have been delegated to UNHCR, with the Government retaining the role of issuance of residence permits for people who are registered with UNHCR. All nationalities except Syrian and Yemeni nationals are to undergo RSD with UNHCR. By the end of 2018 approximately 16,000 registered cases were pending First Instance interview and 8,000 cases were pending finalization (review, decision or notification). The largest population groups among urban refugees and asylum-seekers mainly originate from six countries (Sudan, South Sudan, Eritrea, Ethiopia, Somalia and Iraq). However, in a context of mixed movements, the office receives asylum applications from more than 50 other different nationalities. Considering the limited staffing resources, the total population subject to RSD is far larger than the capacity of the office to process it in timely manner. In 2018 the RSD unit undertook a major restructuring of its case processing system in order to realign the existing processing modalities with UNHCR guidelines, including “UNHCR strategic use of RSD (2015)” and “UNHCR RSD Aide-Memoire and Glossary”, as well as the recommendations of the joint MPS – DIP RSD Mission (March 2018) which include: 1) Removal of certain nationalities with low presumption of eligibility (such as Sudanese and Ethiopians) from the Merged Procedure and refer them to the Simplified Procedure; 2) Introduction of a fast-track procedure for vulnerable cases; 3) Discontinuation of the procedure in place to process Uncommon Nationalities (Other Collapsed REG-RSD) replaced it with an accelerated procedure which contemplates the right to appeal; 4) Realignment of the nomenclature of the case processing methodologies utilized in Egypt to the standard UNHCR nomenclature.
In 2020, the Unit will continue to use RSD strategically, aiming at reducing the backlogs and waiting periods at all stages by, among others, handing over the Merged Registration/RSD procedure to the Registration Unit. This will allow to support other sub-units (Regular RSD, Simplified RSD Appeal). The gradual introduction of enhanced registration for certain caseload currently not undergoing RSD procedure (namely Yemenis and Syrians) will play a critical role in reinforcing the RSD strategy. However, additional resources would be needed to process in a timely efficient manner the cases pending RSD in line with UNHCR standards time-framework. With 40 additional caseworkers 24 reviewers, the office would manage to align the current waiting period to UNHCR standards. In 2020, the RSD Unit will continue to use RSD strategically by maximizing the efficient use of resources prioritizing vulnerable cases as well as cases manifestly not in need of international protection. Further, the Unit will continue to strengthen reviewing capacity of its national staff. With the anticipated level of funding, the office will adjudicate first instance claims within 200 day period appeal decisions within 550 days. In order to reduce the appeal waiting period and to provide a final RSD decisions, the appeal capacity as well as the reviewing capacity will be strengthen in 2020, and few senior RSD staff will be moved from first instance to adjudicate appeal cases and/or to the review process. Nonetheless, to meet the above target five additional national reviewers, three caseworkers two reception/coordination staff will be needed.
In conclusion, with the resources currently available, it is estimated that about 11,200 cases will be adjudicated through first instance appeal. While acknowledging that the above targets are not fully in line with UNHCR standard waiting period, the above would constitute an important achievement in view of a further improvement in 2021.