In theory, host country governments should primarily be responsible for safeguarding populations affected by forced displacement, including managing policies and programs. UNHCR's primary mandate responsibility is to oversee and advocate for the implementation of standards outlined in the Refugee Convention. However, this legal norm, which should ideally be reserved for governments, becomes an exception in practice.

Approximately 76% of the refugee population finds shelter in low- and middle-income countries in the south, both in camps and urban settings. Here, UNHCR takes on the role of providing protection activities, often funded by well-developed states in the north, which make up roughly 85% of the organization's overall income each year. While there are no international instruments that explicitly assign UNHCR the role of direct protection implementation, the organization ends up doing so at the request of host governments. UNHCR effectively manages many aspects of the lives of affected populations, performing a role akin to that of a state.

In these contexts, UNHCR channels individuals who might otherwise be considered illegal migrants into a legal categorization process. This involves various forms of registration and refugee status determination procedures, enabling them to become eligible for protection services and programs provided by UNHCR and its partner humanitarian agencies.