Jordan’s domestic legal framework does not explicitly exempt refugees from penalties associated with irregular entry or stay. Refugees and asylum seekers are subject to the general provisions of the Residency and Foreigners’ Affairs Law No. 24 of 1973, which applies uniformly to all non-nationals. This law prescribes penalties such as fines, detention, and deportation for individuals who enter without valid documentation or overstay their permitted duration.However, individuals who enter Jordan irregularly may regularize their status through a special mechanism established by the Government in cooperation with UNHCR and implemented through a dedicated committee. This mechanism applies exclusively to Syrian nationals, leaving a protection gap for asylum-seekers and refugees of other nationalities, who may remain subject to detention or deportation measures. As a result, non-Syrians who enter the country irregularly do not benefit from the same regularization pathway and may continue to face immigration enforcement measures, including detention and deportation.

In contrast to Article 31 of the 1951 Refugee Convention, which protects refugees from penalization if they promptly present themselves to authorities, Jordanian legislation offers no comparable exemptions. As Jordan is not a party to the 1951 Convention or its 1967 Protocol, these international protections are not reflected in national law. Although enforcement of such penalties is relatively infrequent and typically reserved for cases involving security threats or serious legal violations, the legal authority to impose them remains in effect under Articles 11 and 31 of the 1973 law.

Despite the absence of explicit domestic legal safeguards, Jordan’s 1998 Memorandum of Understanding (MoU) with UNHCR affirms the principle of non-refoulement, stating that refugees recognized under UNHCR’s mandate should not be forcibly returned to countries where they risk persecution. However, the MoU is not legally binding in the same way as national legislation and does not confer enforceable rights against deportation. Rather, it primarily governs UNHCR’s role in refugee status determination (RSD) and protection, without embedding refugee rights into Jordanian law.

Nevertheless, Jordan has consistently adopted a humanitarian and pragmatic approach through administrative practices and policy flexibility, particularly in response to large-scale displacement. The MoU has served as a vital framework for cooperation, enabling Jordan, alongside UNHCR and other humanitarian actors, to extend protection and essential services to refugees, even in the absence of a formal asylum law.