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  • Philippines: 'Sabir v Depar...

    International journal of refugee law, 12/2023, Volume: 35, Issue: 4
    Journal Article

    In a landmark decision, the Supreme Court of the Philippines held 'en banc' that, during refugee status determination (RSD), 'there is a shared and collaborative burden between the applicant and the protection officer'. The case concerned a Pakistani national seeking refugee protection on the ground of alleged religious persecution due to his religious conversion. The Refugees and Stateless Persons Protection Unit (RSPPU) of the Department of Justice - which is responsible for determining asylum claims in the Philippines - had found against the applicant because he had said during his interview that he was neither forced nor compelled to change religion; he was merely persuaded. Noting that the RSPPU has specialized knowledge and expertise in this area, the Court of Appeal below upheld the RSPPU's decision, observing that the RSPPU's 'factual findings are generally accorded great respect, if not finality, by the courts'