Last Change:
06/02/2025
Puntland Refugee Protection Law
Year: 2016
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
This law governs the recognition, protection, and administration of refugee affairs in Puntland. It aligns with international refugee conventions, including the 1951 Refugee Convention and the 1969 OAU Convention.
Selected provisions
“Member of family of a refugee” means: –
a) Any spouse or spouses of the refugee,
b) Any dependent child, brother, sister, grandparent, parent,
grandchild or ward living in the same household as the
refugee,
c) Any person with disabilities in the care of the refugee
whether or not he has attained the age of 15-year
A person shall be regarded a Refugee for the purpose of
this Law if such person
a) Owing to a well-founded fear of being persecuted for reasons of race, religion, sex, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the
protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it; or
b) Owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or whole of his country of origin or nationality is compelled to leave his place of habitual residence in order to seek refuge in another place
outside his country of origin or nationality.
The Minister may, if it is evident that a class of persons qualifies to be refugees under Article 3 of this Act, declare that class of persons to be prima facie refugees or such other related declaration as prescribed by regulation.
1. This law shall be applied without discrimination as to race, religion, tribe, nationality, membership of a particular group, or political opinion.
2. The protection and assistance to Refugees should be provided without discrimination as stipulated in subarticle 5(1).
1. This law shall be applied without discrimination as to
race, religion, tribe, nationality, membership of a
particular group, or political opinion.
2. The protection and assistance to Refugees should be
provided without discrimination as stipulated in subarticle 5(1).
No one shall disclose information acquired under this
Law except;
a) as required under this Law; or
b) with the written consent of the Minister or Director; or
c) with the written consent of the subject of the
information.
No person shall be refused entry into Puntland or extradited from Puntland or returned to any other country or subjected to any similar measure if as a result of such refusal, expulsion or turn or any other measure, such person is compelled to return in a country where: (a) he may be subject to persecution or torture on account of his race, tribe, religion, nationality, membership of a particular social group or political opinion or (b) his life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or the whole of that country.
Except where compelling reasons of national security otherwise require, the Refugee or Asylum-seeker shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before the High Court
If the Minister considers the expulsion is necessary or desirable in the interest of national security or public order, the Minister may refer a written request, accompanied by sufficient evidence, to the High Court for an order of expulsion of a Refugee or Asylum-seeker from Puntland.
The Refugee Affairs Department shall expedite
procedures with regard to applications of:
a) persons with disabilities;
b) trauma victims;
c) detained persons;
d) victims of torture;
e) vulnerable persons; and
f) unaccompanied children.