Burkina Faso’s domestic laws allow people to enter the country for the purpose of seeking asylum. The primary legal framework governing this issue is Law No. 042-2008/AN of 23 October 2008. The following provisions specifically address the right of asylum-seekers to enter and remain in the country:

Article 8 defines an asylum-seeker as any foreign national present in Burkina Faso who cannot return to their country due to persecution or serious harm. It explicitly prohibits refoulement, including turning back at the border or any measures that would force an asylum-seeker to return or remain in a country where their life, physical integrity, or freedom is at risk.

Article 9 affirms that the deportation or expulsion of asylum-seekers is prohibited until the National Commission for Refugees (CONAREF) has decided on their asylum application, except in cases involving national security or public order.

This means that border authorities must allow asylum-seekers to enter and submit an asylum application. The asylum claim is processed by CONAREF, which determines refugee status before any deportation decision can be made. The law prevents immediate removal or penalties for irregular entry, ensuring access to protection.

Article 25 of Law No. 001/2024/ALT on conditions of entry and stay of foreign nationals, of exit of nationals and of foreign nationals from the national territory affirms that every asylum seeker benefits from the principle of non-refoulement from the moment they have submitted their application at the border.