Last Change:

05/28/2025

Law No. 13 ter/2014 of 21/05/2014 relating to refugees

Year: 2014

Type: Domestic law

Rights Category: Asylum, Nationality & facilitated naturalization, Family life, Documentation

Description

This law governs refugees and asylum seekers in Rwanda.It sets out the general law relevant and applicable to the main refugee and asylum issues.

Selected provisions
Article 2 - Definitions of terms

For the purpose of this Law, the following terms
shall have the following meanings:
1° refugee: a person who has been granted
asylum in accordance with this law and
international instruments relating to the status
of refugees ratified by Rwanda;
2° asylum seeker: a person applying for refugee
status in Rwand

Article 4 - Responsibilities of the Refugee Status Determination Committee

The Refugee Status Determination Committee shall have the following responsibilities:
1° to consider and decide on asylum applications made by those applying for refugee status in Rwanda;
2° to revoke refugee status in accordance with the provisions of this Law;
3° to submit to the Minister an activity program and report each year and whenever necessary.

Article 5 - Composition of the Refugee Status Determination Committee

Members of the Refugee Status Determination Committee shall come from the following entities:
1° Prime Minister’s Office;
2° the Ministry in charge of refugees;
3° the Ministry in charge of foreign affairs;
4° the Ministry in charge of local government;
5° the Ministry in charge of justice;
6° the Ministry in charge of defence forces;
7° the Ministry in charge of natural resources;
8° the Ministry in charge of internal security;
9° the Ministry in charge of health;
10° the National Intelligence and Security Service;
11° the National Human Rights Commission

Article 7 - Requirements for obtaining asylum

A person shall be eligible for asylum, if:
1° having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion different from the political line of the country of his/her nationality and owing to such fear, he/she is unable to avail himself/herself of the protection of that country;
2° owing to an external aggression, occupation, foreign domination or events seriously disturbing public order in either part or in the whole of his/her country of origin or nationality, he/she was compelled to leave his/her place of habitual residence in order to seek refuge in another place outside his/her country of origin or nationality.

Article 8 - Application for refugee status

A person who applies for refugee status must:
1° be on the Rwandan territory;
2° report immediately to the local authority nearest to his/her point of entry for the protection of fundamental human rights.
The local authority to whom the asylum seeker reports shall take him/her to the nearest immigration and emigration office within twelve (12) hours. This office shall register the asylum seeker within twenty four (24) hours from his/her arrival.
The department in charge of immigration and emigration shall review the case of the asylum seeker and grant to him/her a temporary residence permit valid for three (3) months.
The department in charge of immigration and emigration shall submit the file of refugee status applicant to the Refugee Status Determination Committee within fifteen (15) days.

Article 9 - Decision of the Refugee Status Determination Committee

The Refugee Status Determination Committee shall consider and analyse the application for refugee status and decide thereon within forty-five (45) days.

The decision of the Refugee Status Determination Committee shall set out the reasons for granting or refusing to grant refugee status.

Article 10 - Notifying the refugee status applicant of the decision of the Refugee Status Determination Committee

The Chairperson of the Refugee Status Determination Committee shall give the refugee status applicant a written notice of decision on his/her application within ten (10) days from the date the decision is made.

Article 11 - Appeal by a refugee status applicant

If a person applying for refugee status is not satisfied with the decision of the Refugee Status Determination Committee, he/she may appeal to the Minister within a period of thirty (30) days from the date he/she was notified of the decision.

The Minister to whom the appeal is made shall decide thereon within one (1) month.

In case of appeal, the refugee status applicant shall continue to have the right to stay in Rwanda until the Minister decides on the appeal.

Article 12 - Identity document issued to the person granted refugee status

A refugee identity card shall be issued to the person granted refugee status, his/her spouse, children under the age of eighteen (18) years and persons under his/her dependence.

Article 13 - Granting refugee status to refugees in mass influx situations

Refugees in mass influx situations may be unconditionally granted prima facie refugee status. Such a decision shall be taken by the Minister.

The granting of prima facie refugee status shall not prevent the Refugee Status Determination Committee from analysing individual applications where necessary.

When it appears that refugees having fled in mass influx situations include former soldiers or former members of armed groups, relevant organs shall be required to do the following:
1° to separate civilians from soldiers and other armed elements;
2° to take weapons and other military equipment away from those in possession thereof;
3° to transfer former armed elements to a specific guarded settlement and record their identification;
4° to ask formerly armed elements to withdraw from military activities.
Those who appear to have withdrawn from any military activities or any activities of armed groups shall fall under the category of those eligible to apply for refugee status.

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