As the situation in Sudan remains fluid and uncertain, the UNHCR has called on all countries to allow civilians of all nationalities fleeing Sudan non-discriminatory access to their territories. "This applies to Sudanese nationals as well as persons of other nationalities and stateless persons, including persons who are not in possession of passports or other forms of identity documentation. The principle of non-refoulement should be respected at all times."

All claims of Sudanese nationals, as well as claims of stateless persons who were habitual residents of Sudan, who apply for international protection should be processed in fair and efficient procedures in accordance with international and regional refugee law, UNHCR said. It considers that persons fleeing the ongoing conflict in Sudan, as well as Sudanese nationals who are outside the country and who cannot return there because of the conflict, "are likely to be in need of international refugee protection under Article 1(2) of the 1969 OAU Convention, or under the Cartagena Declaration; or complementary forms of protection including subsidiary protection under Article 15(c) of the EU Qualification Directive. In addition, persons fleeing the conflict in Sudan or who cannot return because of the conflict may also meet the 1951 Convention criteria for refugee status."

In view of the volatility of the situation in the entire territory of Sudan, UNHCR does not consider it appropriate to deny international protection to Sudanese and former habitual residents of Sudan on the basis of an internal flight or relocation alternative.

"There may be individuals who have been associated with acts that bring them within the scope of the exclusion clauses contained in Article 1F of the 1951 Convention. In such cases, it will be necessary to examine carefully any issues of individual responsibility for crimes which may give rise to exclusion from international refugee protection. In addition, to preserve the civilian character of asylum, States would need to assess the situation of arrivals carefully so as to identify armed elements and separate them from the civilian refugee population."

"In light of the current volatility of the situation in Sudan, UNHCR calls on asylum States to suspend the issuance of negative decisions on applications for international protection by Sudanese nationals or by stateless persons who were former habitual residents of Sudan. The suspension should remain in place until such time as the situation in Sudan has stabilized and reliable information about the security and human rights situation is available to make a full assessment of the need to grant international protection to individual applicants."

Many Sudanese nationals (or stateless persons who were formerly habitual residents of Sudan) residing in other countries currently benefit from legal statuses, related to, for example, studies or work, granted before the current escalation of the conflict in Sudan. UNHCR recommends, where possible and appropriate, to extend existing legal statuses for as long as necessary. "Persons benefiting from such arrangements should not be prevented from applying for asylum."

"For Sudanese nationals whose claim for international protection has been rejected prior to recent events, the current situation in Sudan may give rise to changed circumstances, which need to be considered, including if a new asylum claim is submitted."

People of nationalities other than Sudanese may also choose, or be compelled, to leave Sudan as a result of developments related to the conflict, and should be allowed to do so, the UNHCR said. "Some of these persons may have been recognized as refugees or registered as asylum-seekers in Sudan. South Sudanese nationals are the largest group of refugees in Sudan, while the country also hosts significant refugee populations from Eritrea, Ethiopia, Syrian, and Yemen, among others. If travelling onwards to third countries in search of safety, these persons should be referred to national asylum procedures for consideration of their applications for international protection. Refugees who are compelled by the situation in Sudan to return to their country of origin in adverse circumstances may find themselves in a situation where they need to flee again to a third country; such persons too should be referred to national asylum procedures for consideration of their applications for international protection."

"In addition, there may be foreign nationals, as well as stateless persons and persons with undetermined nationality, who were in need of international protection and who enjoyed other forms of legal stay in Sudan." UNHCR recommends that these persons be referred to the national asylum procedure in the country where they seek international protection.

As the situation in Sudan is volatile and may remain uncertain for some time to come, UNHCR calls on States to suspend the forcible return of nationals and stateless persons who were habitual residents of Sudan, including those who have already had their asylum claims rejected. "The bar on forcible return serves as a minimum standard and needs to remain in place until such time as the security situation in Sudan has significantly improved to permit a safe and dignified return of those determined not to be in need of international protection."

UNHCR stresses the refugee nature of the outflow from Sudan. Third country nationals who flee the conflict in Sudan but who are not in need of international protection should be allowed to access safe territory with a view to facilitating their onward travel. UNHCR is stepping up its support to Sudan's neighbouring countries as they prepare for larger numbers of arrivals.

UNHCR will continue to monitor the situation in Sudan with a view to assessing the international protection needs arising out of the current situation.