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
Article 12.1 - Somalia Refugee Law:

The Head of the Agency may declare that a specific group of individuals meets the criteria for refugee recognition under Article 11, even if they have not individually applied for refugee status.

Article 31.1 - Somalia Refugee Law:

The Appeals Board shall have the authority to hear and determine appeals against decisions made by the Committee.

Article 22.1 - Somalia Refugee Law:

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.

Article 20.2 - Rights of Refugees

A refugee and their family members shall:
(a) Have the right to remain in Somalia for the duration of their recognized refugee status.
(b) Be issued refugee identification documents.

Article 19.1 - Rights of Asylum Seekers

An asylum seeker who has applied for refugee status under Article 8 has the right to remain in the Federal Republic of Somalia:
- Until the Committee makes a decision on their application.
- If their application is denied, until they have exhausted all administrative and
legal remedies

Article 20.1 - Rights of Refugees

Without prejudice to any other law, any person recognized as a refugee in the Federal Republic of Somalia, along with their family members, shall enjoy the rights and freedoms established under international refugee laws that Somalia is obligated to adhere
to

Article 12 - Group Recognition, Mass Influx, and Temporary Protection

1. The Head of the Agency may declare that a specific group of individuals meets the
criteria for refugee recognition under Article 11, even if they have not individually
applied for refugee status.
2. If the Head of the Agency issues such a declaration, they must formally notify the
relevant governmental and non-governmental agencies and the individuals concerned.
3. An individual excluded from the group declaration may still apply for refugee status
under this law.
4. In case of a mass influx of asylum seekers into Somalia, the Head of the Agency, in
consultation with the Minister of Interior, shall issue a directive allowing their temporary
stay in Somalia without requiring an immediate individual refugee status determination.
5. Such temporary protection shall remain valid for two years from the date of issuance or
until the conditions causing the mass influx cease.
6. The withdrawal of temporary protection does not prevent any individual from applying
for refugee status under this law.
7. Individuals granted temporary protection shall have the same rights and freedoms as
asylum seekers and refugees recognized under this law

Article 3: Definitions

Refugee refers to an individual or group fleeing with a well-founded fear of harm due to race, religion, nationality, membership in a particular social group, or political opinion, who is outside their country of origin and unable or unwilling to avail themselves of the protection of their country. This person is recognized as a refugee under this law or under international or regional human rights law that Somalia adheres to.

Article 14 - Denial of Refugee Status

A person shall not be granted refugee status under this law if they:
• Have committed a crime against peace, a war crime, or a crime against humanity as
defined in international conventions Somalia is party to.
• Have committed a serious non-political crime outside Somalia before seeking asylum.
• Have committed a serious non-political crime in Somalia after being admitted as a
refugee.
• Have engaged in activities contrary to the purposes and principles of the United Nations
or the African Union.
• Have multiple nationalities and have not sought protection from any of their countries of
nationality without a valid reason based on a well-founded fear.

Article 16.1 - Cessation of Refugee Status in Certain Situations

A person shall no longer be considered a refugee under this law if:
o They were ineligible for refugee recognition under Article 14.
o Their refugee status has been revoked under Article 15.
o They voluntarily avail themselves of the protection of their country of nationality.
o After losing their nationality, they voluntarily regain it.
o They acquire the nationality of another country and obtain protection from that
country.
o They voluntarily return to their country of origin or a third country where they
resided and no longer have a fear of persecution.
o They refuse to avail themselves of the protection of their country of nationality
when conditions that led to their recognition as a refugee no longer exist.
o They refuse to return to their country of habitual residence when it is safe to do
so.