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
Any person who has entered Puntland, whether lawfully
or otherwise, and wishes to remain within Puntland as a
Refugee in terms of this Law shall make his intention
known by appearing in person before an Authorized
Officer of the Refugee Affairs Department immediately
upon his entry or, in any case within thirty days after his
entry into Puntland.
No person claiming to be a Refugee within the meaning of Article 3 shall merely, by reason of illegal entry, be declared a prohibited immigrant, detained, or penalized in any way, save as provided for under Article 36.
The Authorized Officer shall interview the applicant and reduce the interview into writing. The transcript shall be read to the applicant who may make corrections before it is signed by both the interviewing officer and the applicant.
1. A person shall not be regarded as a Refugee for the
purpose of this Law if there are serious reasons for
considering that: –
a) he has committed a crime against peace, a war
crime or a crime against humanity as defined in the
international instruments which have been drawn
up to make provision in respect of such crimes
which Somalia Republic has ratified and which are
binding upon Puntland; or
b) he has committed a serious non-political crime
outside Puntland prior to his admission to
Puntland as a Refugee; or
c) he has been guilty of acts contrary to the purposes
and principles of the United Nations, the League
of Arab states, or the African Union; or
18
d) having more than one nationality, has not availed
himself to the protection of one of the countries of
which he is a national and has no valid reason for
not doing so
Where the Eligibility Committee rejects an application for recognition of refugee status, it shall so notify the applicant in writing and shall inform him/her of grounds for rejection.
Any person whether by himself or by representative may lodge an appeal for consideration to the Appeal Board within thirty days of receiving a written communication from the Director relating to a rejection of his claim for refugee status.
Any person dissatisfied by the decision of the Appeal Board may lodge appeal for administrative review of the decision to the Supreme Court
With the approval of the Minister, the Refugee Affairs Department may grant permission to the Dependents of the Refugee upon application to enter and reside within Puntland and such Dependents shall be entitled to the rights and privileges accorded to the Refugee for the period of the Refugee’s stay within Puntland.
Where the applicant is recognized as a refugee, the members of his family who accompany or subsequently join him shall be recognized as refugees.
Any person whose application for refugee status and asylum has been rejected in accordance with this Law shall be deemed to be a legal immigrant and shall be dealt with in accordance with the provisions of the Immigration laws of Puntland unless such person has been accorded a mandate refugee status by UNHCR pending his resettlement or relocation by UNHCR to another country within a specified period.