Last Change:

06/03/2025

Law n° 042/2024 of 19/04/2024 governing refugees and applicants for refugee status

Year: 2024

Type: Domestic law

Rights Category: Asylum, Family life, Documentation

Description

This Law was enacted to establish a comprehensive legal framework for the management of refugees and asylum seekers within the country. This legislation outlines the criteria for obtaining refugee status, delineates the rights and obligations of refugees and asylum seekers, and specifies the procedures for applying for and determining refugee status. Additionally, it sets forth the mechanisms for appealing decisions related to refugee status and addresses the circumstances under which refugee status may be revoked. The law aims to align Rwanda's domestic policies with international standards and treaties concerning the protection of refugees.

 

Selected provisions
Article 2 - Interpretation

In this Law:
(a) “refugee” means a person who has
been granted refugee status in
accordance with this Law and
international conventions relating to
refugees ratified by Rwanda;

Article 3 - Criteria for refugee status eligibility

A person is eligible for refugee status if –
(a) he or she has a well-founded fear of
persecution due to his or her race,
religion, nationality, membership of a
particular social group or political
opinion or other reasons relating to the
protection of his or her life and he or
she cannot obtain protection from the
country he or she is fleeing; or
(b) he or she leaves his or her place of
habitual residence in order to seek
refugee status in another place outside
his or her country of origin or
nationality due to an external
occupation or events seriously
disturbing public order of the part or
the whole country.

Article 4 - Grounds for refugee status ineligibility

Without consideration of provisions of Article
3 of this Law, a person is ineligible for refugee
status if there are reasonable grounds to
believe that –
(a) he or she has committed a crime
against peace, war crime, crime of
genocide and other crimes against
humanity as defined by Rwandan laws
and international conventions ratified
by Rwanda and;
(b) he or she has been convicted of
offences contrary to the main purposes
and principles of the United Nations
and of the African Union; or
(c) he or she is prosecuted for a felony
other than a politically-motivated
crime before he or she applies for
refugee status in Rwanda

Article 8 - Procedures for application for refugee status

(1) An applicant for refugee status must be
on the Rwandan territory and report to
the nearest office of the Organ within
seven days after entry for refugee
status application and registration as an
applicant for refugee status.

(2) The applicant for refugee status may
also report to the local authority which
immediately takes him or her to the
nearest office of the Organ for refugee
status application and registration as an
applicant for refugee status.

(3) The applicant for refugee status
submits to the Organ a written
application comprising grounds for his
or her application and evidence, if any.

Article 9 - Application for refugee status by a person living in Rwanda

A person who is living lawfully in Rwanda and
who is unable to return to his or her country
may apply for refugee status before expiration
of his or her residence permit.

Article 11 - Interview with the applicant for refugee status

(1) The Organ considers application for
refugee status after interviewing the
applicant for refugee status and
gathering necessary information.
(2) Interview with the applicant for refugee
status must –
(a) be fully transcribed or
electronically recorded in full. If
the interview is transcribed, the
applicant for refugee status is given
the opportunity to review and, if
necessary, where the mistake is
done, is corrected;
(b) be conducted under conditions
which allow the applicant for
refugee status to present the
grounds for his or her application
in a comprehensive manner;
(c) take into account the personal and
general circumstances surrounding
the application, including the
applicant’s cultural origin, gender
and any other circumstance;
(d) be conducted by a person of the
same gender if the applicant for
refugee status so requests, unless
there is reason to believe that such
a request is based on grounds
which are not related to difficulties
on the part of the applicant for
refugee status to present the
grounds of his or her application in
a comprehensive manner;
(e) be conducted in presence of an
interpreter who is able to ensure
appropriate communication
between the applicant for refugee
status and the interviewer; and
(f) be conducted in the language
preferred by the applicant for
refugee status.
(3) If the applicant for refugee status is
under 18 years –
(a) he or she is accompanied by a
responsible adult;
(b) he or she is interviewed by a person
trained in interviewing children;
and
(c) the Organ takes necessary
measures to allow the child to
answer calmly.
(4) The Organ provides a copy of the
interview to the applicant for refugee
status, on written request.

Article 12 - Consideration of the application for refugee status and decision-making

(1) When considering the application for
refugee status, the Organ takes into
account the following:
(a) being impartial, relying solely on
evidence and provisions and
principles of the Refugee
Convention and humanitarian
protection law;
(b) basing on a thorough examination
that gives the applicant for refugee
status the opportunity –
(i) to submit a written application
and provide evidence
supporting his or her
application; and
(ii) to attend interview, explain his
or her application in person and
answer questions the Organ
may have.
(2) The organ must obtain up to date
information as to the general situation
prevailing in the applicant’s country of
origin and may seek additional
information from a person or any other
organ.
(3) The decision on the application for
refugee status must –
(a) be written in one of the official
languages of Rwanda and, if
necessary, translated by a translator
into a language that the applicant
understands for a perfect
understanding;
(b) indicate in details reasons for its
basis, both in fact and in law; and
(c) inform the applicant of his or her
right to appeal and the procedure to
fallow, in case of non-granting of
refugee status.
(4) After considering the application, the
Organ may –
(a) grant refugee status to the applicant; or
(b) refuse to grant the refugee status due to
unfounded application.
(5) The Organ takes decision on the
application for refugee status within six
months from the date of the receipt of the
application. This period may be
extended after explaining reasons of
extension to the applicant.

Article 13 - Notifying the applicant for refugee status of the decision taken

The Organ notifies the applicant for refugee status in writing of the decision taken on his or her application within seven days from the date the decision is taken.

Article 14 - Granting refugee status to persons in mass influx situations

(1) Persons in mass influx situations may be granted refugee status at first glance. The decision is taken by an
Order of the Minister.

(2) The granting of refugee status at first glance does not prevent the Organ from considering individual application, where necessary.

(3) If it appears that persons having fled in mass influx situations include former soldiers or former members of armed groups, relevant organs comply with the following:

(a) to separate civilians from soldiers and other armed members;

(b) to take weapons and other military equipment away from those who possess them;

Article 15 - Appeal Tribunal

(1) An Appeal Tribunal for refugees and applicants for refugee status is established.
(2) A Presidential Order appoints members of the Appeal Tribunal. It also determines the organisation and
functioning of the Appeal Tribunal.

Show