Burkina Faso’s domestic laws establish a legal framework providing access to asylum procedures for people seeking asylum, primarily under Law No. 042-2008/AN of 23 October 2008. 

Article 8 of Law No. 042-2008/AN of 23 October 2008 defines asylum-seekers as any foreign national on the territory of Burkina Faso who cannot return to their country of origin or habitual residence for reasons outlined in Article 3 and voluntarily applies for asylum. The Article further explicitly prohibits refoulement. Article 9(2) prohibits any measure of expulsion of the asylum-seeker before the decision of the National Commission for Refugees, save on grounds of national security, public order or in pursuance of a decision reached in accordance with law, and in respect of the principle of non-refoulement.

According to Article 4, the National Commission for Refugees (CONAREF) is responsible for examining asylum claims and deciding on refugee status. Article 19 establishes the CONAREF as the primary institution managing asylum procedures, refugee protection, and status determination. Its attribution and competences are regulated by a decree of the Council of Ministers.

Decree No. 2011-119/PRES/PM/MAECR of 2011 on the implementation of the Law on the Status of Refugees in Burkina Faso, provides for access to asylum procedures to all asylum-seekers with a renewable 6-month document regularizing their presence (Articles 3 and 41-43).