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Abstract

<jats:title>Abstract</jats:title> <jats:p>This chapter provides an analysis of Objective 12 of the GCM, which aims to establish predictable and effective screening, assessment, and referral procedures for all migrants. Delving into the origins of this Objective, the chapter shows that the lack of focus and contentious negotiation in its drafting significantly weakened the final text and obscured its original intent of covering refugee status determination. The vague concept of ‘referral’ was introduced to avoid touching on refugee issues in the GCM, at the expense of conceptual clarity and predictability. The chapter then examines the dual function of referral mechanisms: to determine applicable immigration procedures and to identify migrants with special needs or vulnerabilities. However, the Objective’s obscure language fails to provide the certainty the Objective seeks, instead risking arbitrary implementation. As the chapter shows, by avoiding clear legal distinctions, Objective 12 underperforms in its core mission, leaving critical questions of migrant categorization and protection to be resolved inconsistently at the national level.</jats:p>

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chapter objective referral procedures migrants

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