Intelligent Borders: Exploring the Suitability of Artificial Intelligence Systems in Refugee Status Determination Under International Law

Abstract This article assesses the potential use of Artificial Intelligence (AI) in Refugee Status Determination, exploring how AI systems, including biometrics, predictive analytics, and emotion recognition, could support or replace human decision-making in determining refugee status. While AI could speed up and improve the objectivity of Refugee Status Determination procedures, the article raises concerns about its limitations in assessing the subjective fear of persecution, a critical element of refugee claims. The inability of AI systems to fully account for emotional and personal nuances leads to the possibility of discriminatory practices, particularly when AI is used without human oversight. The study highlights how AI could exacerbate power imbalances between asylum-seekers and States, transforming these technologies into tools for anti-immigration policies. It therefore calls for caution in the use of AI in Refugee Status Determination procedures and stresses that human interaction remains essential for the fair assessment of refugee claims. This article concludes that while AI can assist in certain aspects of the Refugee Status Determination procedures, its full implementation without careful legal and human rights considerations poses significant risks.