Senior Refugee Status Determination (RSD) Advisor (Exclusion)

Before submitting an application, UNHCR staff members intending to apply to this Job Opening are requested to consult the Recruitment and Assignments Policy (RAP, UNHCR/HCP/2017/2 and the Recruitment and Assignments Administrative Instruction (RAAI), UNHCR/AI/2017/7 OF 15 August 2017.

Senior RSD Advisor (Exclusion)

ORGANIZATIONAL CONTEXT

Security considerations are an essential factor in shaping policy responses and developments relevant to international refugee protection. In an overall environment increasingly marked by concerns about security threats, UNHCR is called upon to ensure that measures to preserve the integrity of asylum and address threats to national or international security and public order, including in the context of terrorism and other forms of transnational crime, comply with international legal obligations towards persons of concern to UNHCR, and more specifically, provisions in international refugee law governing exclusion on the grounds of criminal conduct, expulsion, exceptions to the principle of non-refoulement and other measures to address possible threats to security and public order. At the same time, UNHCR is required to redouble its efforts to preserve the integrity of its own procedures and operations and the Office's handling of cases raising exclusion and/or security concerns is under increasing scrutiny by States, notably in the context of individual case processing for the purposes of resettlement and other forms of admission. UNHCR is conducting its mandate activities in ever more complex settings, where events in one operation may have far-reaching repercussions for UNHCR operations elsewhere, and the exercise of core protection activities may expose the Office to reputational risks as well as potential security threats at an unprecedented level. It is essential, therefore, to ensure proper coordination between UNHCR's work in the area of policy and law, individual case processing and other operational activities.

The Protection & National Security (PNS) Section within the Division of International Protection (DIP) leads UNHCR¿s efforts in this area. This includes working with States and other relevant external counterparts to make sure that the exclusion clauses and security-related provisions in international refugee and statelessness instruments are interpreted and applied properly, as well as upholding rigorous standards for the handling of cases raising exclusion and/or security issues by UNHCR with a view to protecting the integrity of UNHCR's processes and operations, particularly, but not limited to, refugee status determination (RSD) and resettlement procedures. The Section is responsible for shaping UNHCR¿s legal and policy positions and guidelines, carries out legal and policy research, clears UNHCR¿s amicus curiae and other court interventions, provides comments on national legislation and monitors UNHCR and State practice, in the area of exclusion, security and related matters, including (but not limited to) counter-terrorism and more generally measures to address (national) security concerns. To this end, the Section engages with relevant interlocutors, including States, international organizations, NGOs and other external actors.

The Section also maintains close and sustained involvement with the Field and Regional Bureaux, in close coordination with relevant parts of Headquarters to ensure consistent application of principles and standards by operations dealing with individual cases and/or populations involving complex and sensitive profiles. The Section provides advice and support to Field Operations, the Regional Bureaux as well as other parts of DIP on legal and procedural questions concerning exclusion, cancellation, revocation, extradition, terrorism and other security-related issues arising in the context of individual case processing, including refugee status determination under UNHCR¿s mandate, resettlement and other forms of admission, as well as in terms of developing case processing strategies and responses to ensure that individual cases involving complex and/or sensitive profiles are handled with due diligence and to minimize potential reputational and/or security risks. The Section also works with relevant parts of DIP and other HQ Divisions, the Regional Bureaux and the Field on further developing and implementing UNHCR¿s policy responses to security-related challenges in the area of protection. The Section also undertakes training on issues within its areas of responsibility for UNHCR and Governments, and liaises with relevant organizations, including in the area of counter-terrorism, law enforcement and international criminal cooperation, as well as international courts and tribunals.

The Senior Refugee Status Determination Advisor (Exclusion) works within the Protection & National Security Section in DIP (Policy & Law), and reports to the Senior Coordinator and Chief of PNS Section. The incumbent of this post must possess expert knowledge of international refugee law, with particular emphasis on the exclusion and security-related provisions in international and regional refugee instruments, and other relevant fields of international law, notably international criminal law, international humanitarian law and international human rights law. The incumbent requires strong interpersonal and communication skills, excellent analytical and drafting skills, discretion and judgement, and strong political acumen. (S)he should also have good training skills and experience and be flexible and able to handle a number of competing priorities at the same time and still produce high quality work. Willingness, and capacity, to go on mission at short notice is also necessary. The incumbent needs to be able to represent UNHCR and its policies in a diplomatic and strategic way.

The Senior Refugee Status Determination Advisor (Exclusion) works closely with Field Offices, Regional Bureaux, relevant sections within DIP, and other Divisions in Headquarters. (S)he will provide assistance and support to Field Offices, Regional Bureaux and relevant sections within DIP on the interpretation and application of the exclusion clauses and (national) security-related provisions in international refugee law. The Senior Refugee Status Determination Advisor (Exclusion) will assist, guide and advise in the planning, formulation, implementation, monitoring, coordination and evaluation of activities in the area of exclusion and related matters (notably cancellation, revocation, extradition, expulsion and exceptions to the principle of non-refoulement) as well as capacity-building efforts in these areas. The Senior Refugee Status Determination Advisor (Exclusion) also works with Government counterparts and other external stakeholders to ensure that exclusion and security-related provisions are interpreted and applied in a manner consistent with international refugee law and will represent UNHCR and its policies in external fora. The Senior Refugee Status Determination Advisor (Exclusion) provides direct supervision and support to the P3 RSD Advisor (Exclusion) and the P3 Resettlement Officer (Exclusion) within the PNS Section as well as affiliate personnel, as applicable, on exclusion and related matters.

FUNCTIONAL STATEMENT

Accountability
- UNHCR has clear and coherent strategies for the interpretation and application of protection principles and international law as relevant to the areas of exclusion and related matters (notably cancellation, revocation, extradition, expulsion and exceptions to the principle of non-refoulement) at the global, regional and country levels, which form an integral part of UNHCR's broader RSD, protection and solutions strategies and approaches.
- UNHCR's policies, standards and doctrine in the areas of exclusion and related matters are consistently and coherently applied across the organization.
- UNHCR's protection and legal work, including individual case processing and operational responses, in the area of exclusion and related matters is guided by the latest international jurisprudence and standards and informed by high-quality guidance in UNHCR policy documents and other relevant materials.
- The fairness, quality and efficiency as well as the predictability of UNHCR and Government exclusion and related procedures and decision-making is maximised through the development and provision of doctrinal and procedural advice and operational support.
- The integrity of UNHCR's individual case processing procedures and operations is ensured through the timely identification of persons not deserving of international refugee protection, and the prevention and appropriate addressing of misuse of UNHCR's processes by such persons.
- Effective mechanisms for oversight of UNHCR's and monitoring of Government exclusion (and related) procedures and decision-making are in place.
- The capacity of internal and external stakeholders is progressively improved through quality, timely and relevant training and other capacity-building initiatives in the area of exclusion and related matters.
- Materials on exclusion and related matters available through on-line support tools (including Refworld, the Protection Manual and the RSD on-line community of practice [CoP]) are kept up-to-date, appropriately supported and revised/improved when needed.
- UNHCR's exclusion and related strategies are, as relevant, informed by high quality information and analysis, and comply with UNHCR's Age, Gender and Diversity (AGD) policy.

Responsibility
- Develop background and general policy and legal positions in the areas of exclusion and related matters for internal and external application.
- Monitor, share information and influence the development of national laws, jurisprudence, policies and processes in the area of exclusion and related matters, as appropriate.
- Engage with external partners and stakeholders, including governments, international organizations, non-governmental organizations and processes, etc., on issues related to legal protection principles and related international law and policy in the areas of exclusion and related matters.
- Gather, analyze and disseminate information on legal, political, security and other developments which impact on the protection environment, and in particular, on the interpretation and application of exclusion and related provisions in international refugee law and other relevant areas of law.
- Develop, contribute to and enhance global, regional and country level standards, policies, tools and practices in the area of exclusion and related provisions in international refugee law and other relevant matters, in close coordination with Field Offices, Regional Bureaux, relevant sections within DIP and other Divisions in Headquarters.
- Provide prompt, principled and accurate legal and procedural advice, guidance and operational support, including through monitoring/support missions and other capacity-building initiatives, on issues concerning exclusion and related provisions in international refugee law and other relevant matters to UNHCR personnel and external stakeholders, as appropriate.
- Ensure the provision of timely advice on complex and sensitive cases raising exclusion and/or security questions, referred to DIP in accordance with relevant standards and in consultation, as appropriate, with other relevant sections within DIP and Divisions in Headquarters and/or Regional Bureaux.
- Provide guidance and advice on the implementation of responses ensuring the proper interpretation and application of exclusion and related provisions in international refugee law, including in the context of RSD, resettlement and other forms of individual case processing, as appropriate, in regular as well as in emergency and other special operations; and ensure compliance with UNHCR standards, policies and positions.
- Provide support to Field Offices, Regional Bureaux, relevant sections within DIP and other Divisions in Headquarters in the implementation of mechanisms to safeguard the integrity and credibility of UNHCR individual case processing procedures and decision-making, through the prevention, identification and appropriate addressing of misuse by persons not deserving of international protection.
- Ensure that UNHCR's strategies and tools on exclusion and related matters address the specific protection needs of women and men, youth and older persons, persons with disabilities, and groups such as persons with a minority sexual orientation or gender identity, and persons living with HIV/AIDS.
- In coordination and cooperation with relevant sections within DIP and the GLC, develop and provide regular and customized training on exclusion, security and related matters, to UNHCR personnel and external stakeholders.
- Contribute to UNHCR and external standard reports and publications (Global Report, Global Appeal, Global Trends, Statistical Yearbook, etc.).

Authority
- Represent DIP in meetings within UNHCR and represent UNHCR with external counterparts on issues concerning exclusion and related matters.
- Provide Field Offices, Regional Bureaux, other parts of DIP and other Divisions legal and procedural guidance and advice as well as operational support in RSD-related activities involving exclusion and related matters.
- Decide, review and endorse RSD decisions in complex and sensitive cases raising exclusion and/or security questions, referred to DIP in accordance with relevant standards and in consultation, as appropriate, with other relevant sections within DIP and Divisions in Headquarters and/or Regional Bureaux.
- Develop and draft UNHCR's legal, policy and doctrinal positions in the areas of exclusion and related matters.
- Any other related tasks delegated by the Chief of PNS Section.

ESSENTIAL MINIMUM QUALIFICATIONS AND PROFESSIONAL EXPERIENCE REQUIRED
- Graduate degree (equivalent of a Master's) in Law/International Law, with preference for International Refugee, Human Rights or Humanitarian Law plus minimum 8 years of relevant work experience in progressively responsible functions in an office/organization that deals with refugee protection/human rights protection, preferably within the UN, of which at least five years must have been in the areas that are directly relevant to the current position. Undergraduate degree (equivalent of a BA/BS) plus 9 years or Doctorate degree (equivalent of a PhD) plus 7 years of previous relevant work experience may also be accepted.
- Minimum two years of experience working directly with principles and procedures related to refugee status determination in a UNHCR or Government capacity, with a particular focus on exclusion and related areas.
- In-depth knowledge of international refugee law, especially with regard to exclusion, as well as related areas such as extradition, expulsion, protection against refoulement under international human rights law, international criminal law and relevant aspects of international humanitarian law, and ability to apply the relevant legal principles.
- In-depth knowledge of UNHCR's standards and policies on exclusion, security and related matters, and ability to apply these standards and principles.
- Exposure to provision of legal and policy support services in an international organization.
- Excellent analytical and research skills and ability to think strategically and creatively.
- Excellent drafting skills.
- Strong interpersonal and cross-cultural communication skills.
- Excellent knowledge of English (writing, reading, speaking and comprehension).

DESIRABLE QUALIFICATIONS & COMPETENCIES
- Exposure to UNHCR-specific training/learning activities and experience with training and coaching.
- Knowledge of other UN languages (preferably French, Arabic or Russian). C001L3 - Accountability Level 3
C002L3 - Teamwork & Collaboration Level 3
C003L3 - Communication Level 3
C004L3 - Commitment to Continuous Learning Level 3
C005L3 - Client & Result Orientation Level 3
C006L3 - Organizational Awareness Level 3
M001L3 - Empowering and Building Trust Level 3
M002L3 - Managing Performance Level 3
M006L3 - Managing Resources Level 3
M004L3 - Strategic Planning and Vision Level 3
M003L3 - Judgement and Decision Making Level 3
X001L3 - Analytical Thinking Level 3
X007L3 - Political Awareness Level 3
X006L3 - Policy Development & Research Level 3
X002L3 - Innovation and Creativity Level 3
X008L3 - Stakeholder Management Level 3

The UNHCR workforce consists of many diverse nationalities, cultures, languages and opinions. UNHCR seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an inclusive working environment for its entire workforce. Applications are encouraged from all qualified candidates without distinction on grounds of race, colour, sex, national origin, age, religion, disability, sexual orientation and gender identity.

For those people applying for High Risk Duty Stations, we strongly encourage them – before deciding to apply- to read the country specific security and welfare country profiles which can be found on the Intranet under Support Services - Duty of Care (https://intranet.unhcr.org/en/support-services/duty-of-care.html). Ensuring staff are better informed is part of the increased attention UNHCR is paying to Duty of Care.

Staff after having applied to High Risk Duty Stations will have access to country specific information webinars with Field Safety Section (FSS) and Staff Welfare Section (SWS) colleagues and provided with a tool to test their psychological preparedness for serving in High Risk Duty Stations. Applicants who applied for a position in a High Risk country will receive, after the deadline for applications has expired, a joint invitation from the Staff Welfare Section (SWS) and the Field Safety Section (FSS) to participate in these webinars. During the Webinars, latest updates on security and well-being will be provided, and FSS and SWS will address questions raised by participants. Applicants are highly encouraged to benefit, when applicable, from all measures as they provide most up-to-date security and well-being information helpful to assess staff’s readiness to serve in a High Risk Duty Station. A Staff Welfare Officer will also be available, if and when required, to discuss with interested applicants the results of the psychological preparedness tool as well as readiness for assignment in High Risk Duty Stations.

Please note that the closing date for all vacancies in the September 2018 Compendium is Thursday 18 October  2018 (midnight Geneva time).