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 16 - Filing a claim against the decision of the Appeal Tribunal

(1) If a person applying for refugee status is not satisfied with the decision taken by the Appeal Tribunal, he or she may file the claim to the competent court within 30 days from the date he or she was notified of the decision taken by the Appeal Tribunal.
(2) The refugee and the applicant for refugee status have the right to stay in Rwanda after filing the claim before
the court until the date the Appeal Tribunal renders its irrevocable decision.

Article 17 - Registration and documents issued to a person granted refugee status

The Organ registers a person granted refugee status in the database of refugees and given him or her –
(a) a registration certificate; and
(b) a refugee identification card, if he or
she has attained 16 years of age.

Article 19 - Settlement of a refugee and an applicant for refugee status

1) If a refugee or an applicant for refugee status is authorised by the Minister, he or she is entitled to settle in a camp after exhibiting refugee identification card or temporary residence permit.

(2) After consultation with other relevant organs, the Minister determines the location of camps and modalities for the settlement of refugees and applicants for refugee status.

(3) If an application of a applicant for refugee status is being processed, upon request, he or she is entitled to a shelter
pending the decision to his or her application.

(4) A refugee or a applicant for refugee status who no longer wishes to stay in a camp may relocate to another place and notify the Minister in writing.

Article 22 - Marriage of refugee

(1) The marriage of a refugee is governed
by relevant Rwandan legal provisions.
(2) Documents required for marriage of a
refugee are issued by a civil registrar of
the place where the refugee is located
on the basis of information and
documents provided to him or her by
the Ministry.
(3) If a refugee is married to a Rwandan,
he or she keeps his or her refugee
status, unless he or she acquires
Rwandan nationality in accordance
with relevant laws.

Article 24 - Quest for durable solutions for refugees

Quest for durable solutions for
refugees
The quest for durable solutions for refugees is
made through –
(a) voluntary repatriation;
(b) naturalisation in accordance with laws
of Rwanda; or
(c) resettlement to another country.

Article 25 - Cessation of refugee status

Cessation of refugee status
(1) Refugee status ceases for a person who –

(a) has voluntarily re-availed him or
herself of the protection of the
country of his or her nationality;
(b) had lost his or her nationality and
has voluntarily re-acquired it;
(c) has acquired a new nationality and
enjoys the protection of the country
of his or her new nationality;
(d) has voluntarily re-established him
or herself in the country which he
or she had fled; or
(e) had been granted refugee status but
can no longer continue to avail him
or herself of the protection of the
country of refugee status because
the circumstances in connection
with which he or she had been
recognised as a refugee have
ceased to exist.
(2) A refugee who wishes to renounce
refugee status requests it in the letter
addressed to the Organ and its copy is
submitted to the Minister.

Article 26 - Revocation of refugee status

(1) The Organ may revoke refugee status
from a person if it appears that the
person –
(a) is a threat to national security and
public order; or
(b) was not eligible to be granted
refugee status in light of
information discovered later.
(2) A person whose refugee status is
revoked is notified in writing of the
decision by the Organ.

Article 27 - Non-refoulement

A refugee or an applicant for refugee status
cannot be expelled from Rwanda or deported
to a country where his or her life or liberty
could be threatened. However, the Organ may
expel from the Rwandan territory a person
whose refugee status is revoked in the interest
of national security and public order.

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