Objective 12: Strengthen Certainty and Predictability in Migration Procedures for Appropriate Screening, Assessment and Referral

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ID: 324146
2026
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Abstract
Abstract 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.
Reference Key
openalex_W7201830736 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Boldizsár Nagy
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198863380.003.0013
URL
https://doi.org/10.1093/law/9780198863380.003.0013
Keywords Keywords not found

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