Last Change:
04/08/2025
Somalia Refugees and Asylum Seekers Law
Year: 2023
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Description
This law establishes a legal framework for refugee protection, asylum procedures, and rights in line with international conventions. It aims to regulate the status, rights, and responsibilities of refugees and asylum-seekers in Somalia.
Selected provisions
The recognition and protection of refugees and asylum seekers under this law shall be guided by
the following principles:
1. Respect for inherent dignity and individual autonomy, including the right to make personal decisions
The Agency shall take the necessary measures to protect the rights of asylum seekers and
refugees in accordance with this law, national laws, and international human rights
regulations that the Federal Republic of Somalia adheres to.
1. All persons are equal before the law and have the right to equal protection without discrimination.
2. Without prejudice to Paragraph (1), asylum seekers and refugees must not be subjected to direct or indirect discrimination on any grounds, including age, race, color, gender, disability, region, nationality, membership in a particular social group, or political
opinion.
1. The Agency shall take the necessary measures to protect the rights of asylum seekers and
refugees in accordance with this law, national laws, and international human rights
regulations that the Federal Republic of Somalia adheres to.
2. While carrying out its obligations under this law, the Federal Government shall make
special efforts to protect the interests of vulnerable persons, including women,
unaccompanied children, separated children, the elderly, persons with disabilities, and
other vulnerable individuals who have specific needs requiring special protection.
Non-refoulement (prohibition of forced return
Any person who meets the criteria set out in Article 11 of this law has the right to enter the country and seek asylum.
1. No individual or any member of their family shall face legal action for being in Somalia illegally if:
- They have submitted a formal application for recognition as a refugee under Article 8 and a decision has not yet been made, including exhausting their right to appeal under Article 31.
- They are ultimately recognized as a refugee.
Before making a decision on any application, the Refugee Status Determination Committee must give the applicant an opportunity to be heard and provide an interpreter if necessary.
Any person present within the territory of the Federal Republic of Somalia may apply for refugee status under this law.
In performing its functions, the Committee shall follow the procedures established under this law and its regulations.