Refugee Act, 1993 - Generic

(1)Notwithstanding the provisions of any other law, any person who has applied in terms of
section seven for recognition of his status as a refugee and every member of his family, shall
have the right to remain within Liberia
(a)until such person has been recognized as a refugee in terms of that section; or
(b)in the event of the application of such person being unsuccessful, until such person has had
an opportunity to exhaust his right of appeal in terms of subsection (5) and (6) of that section;
or
(c)where such person has appealed in terms of subsection (5) and (6) of that section and his
appeal has been unsuccessful until such person has been allowed a reasonable time, and in any
case not less than ninety days, and if he is in detent on, has in addition been afforded
reasonable facilities, to seek admission to a country of his choice.
(2)The Minister responsible may, on application being made to him by a person concerned,
extend the period referred to in paragraph (c) of subsection (1) if he is satisfied that there is a
reasonable likelihood of the person being admitted to a country of his choice within such
extended period.

Notwithstanding the provisions of the immigration Act, or any other relevant law, no
proceedings shall be instituted or continued against any person or any member of his family in
respect of his unlawful entry into or unlawful presence within Liberia
(a)if such person applies in terms of section seven for recognition of his status as a refugee,
until a decision has been made on the application and such person has had an opportunity to
exhaust his right of appeal in terms of that section; or
(b)if such person has become a recognized refugee.

(1)Any person who is within Liberia, whether he has entered Liberia lawfully or otherwise and
who wishes to remain within Liberia as a refugee in terms of this Act shall apply for recognition
of his status as a refugee. Such application shall be submitted through the Representative of
the United Nations High Commissioner for Refugees to the Executive Director or any person
performing the functions of the Executive Director in terms of subsection (5) and (6) of section
six.
(2)Where the application is made to or the intention to submit such application is made known
to an authorized officer in terms of subsection (1) for whatever reason, the authorized officer
concerned shall-
(a)if he is not himself an immigration officer, as soon as possible notify an immigration officer
that the applicant is within Liberia and has made his intention to submit the application; and
(b)immediately notify the Representative of the United Nations High Commissioner for
Refugees of the presence of the applicant in the country and forward notice of the application,
together with any documents or other information which the applicant is able to provide in
support thereof, to the Representative of the United Nations High Commissioner for Refugees,
who shall without delay refer it to the Executive Director in terms of subsection (1) of this
section for the consideration of the Asylum Committee.
(3)Unless it is impossible or inexpedient to do so, the Asylum Committee shall consider every
application referred to it in terms of subsection (2) of this section within thirty days of the
application being so referred, and may either within such period of thirty days or there after,
make such inquiry or investigation as the Asylum Committee thinks necessary into any such
application.
(4)After considering any application submitted in terms of subsection (2) of this section, the
Asylum Committee:
(a)may recognize or refuse to recognize the applicant concerned as a refugee and
(b)shall cause the applicant concerned to be notified of the decision.
(5)Any person who is aggrieved by a refusal by the Asylum Committee to recognize him as a
refugee may, within fourteen (14) days of being notified of such refusal, appeal in writing to
the Appeal Committee of the Commission which shall consist:
(a)the representatives of the Minister responsible for the Internal Affairs of the State;
(b)the representative of the Minister responsible for Foreign Affairs, who shall be the
Chairperson;
(c)the representative of the Minister responsible for the administration of the Immigration Act;
and (d)the Representative of the United Nations High Commissioner for Refugee or his designated
representative.
Such appeal shall be submitted through the Representative of the United Nations High
Commissioner for Refugees or his designated representative.
(6)In any appeal in terms of subsection (5), the Appeal Committee shall, after consulting the
Representative of the United Nations High Commissioner for Refugees and obtaining his opinion
in writing, confirm or set aside the decision of the Asylum Committee and shall cause the
appellant concerned to be notified of his decision in the matter.
Before reaching a decision in an appeal, in the terms of subsection (5), the Appeal Committee
shall do all or any, of the following
(a)invite the representative in Liberia of the United Nations High Commissioner for Refugees to
make oral or written representations in the matter; in which case the applicant in question
shall be accorded the right to be heard by the Appeal Committee;
(b)refer the matter back to the Asylum Committee for further inquiry and investigation to be
made;
(7)Any person who is aggrieved by the decision of the Appeal Committee in terms of subsection
(6) of this section not to recognize him as a refugee may within twenty-one (21) days file an
appeal in the Court. The Court of Competence shall be the Supreme Court. The decision of the
Court shall be final.
(8)If the Executive Director, in terms of subsection (2) of section three, expressly excludes or
excepts any person from a declaration that a class of persons of which he is a member are
refugees, such exclusion or exception shall not preclude the person concerned from applying in
terms of subsection (1) for recognition of his status as a refugee.

(1)Subject to the provisions of this section, a person shall be a refugee for the purposes of this
Act if
(a)owing to a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, he 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
(b)not having a nationality and being outside the country of his former habitual residence, he
is unable or, owing to well-founded fear of being persecuted for reasons of race, religion,
membership of a particular social group or political opinion, is unwilling to return to it; or
(c)owing to external aggression, occupation, foreign domination or events seriously disturbing
public order in either part or the whole of his country of origin or nationality, he is compelled
to leave his place of habitual residence in order to seek refugee in another Place outside his
country of origin or nationality; or
(d)he has been considered a refugee under the Arrangements of the 12th May, 1926, and the
30th June, 1928, or under the Conventions of the 28th October, 1933, and the 10th February,
1938, the Protocol of the 14th September, 1939, or the Constitution of the International
Refugee Organization; or
(e)he is a member of a class of persons declared in terms of subsection (2) to be refugees.
(2)Subject to the provisions of subsection (3), if the Executive Director as defined in this Act
considers that any class of persons are refugees as defined in Paragraph (a), (b), (c) or (d) of
subsection, (1), he may after consulting, and obtaining the written concurrence of the
Representative of the United Nations High Commissioner for Refugees declare such class of
persons to be refugees, and may again subject to the written concurrence of the
Representative of the United Nations High Commissioner for refugees, at any time amend or
revoke such declaration:
Provided that no such amendment or revocation shall affect the right of any person
(a)who is a member of the class of persons concerned and who entered Liberia before the date
of such amendment or revocation, to continue to be regarded as a refugee for the purposes of
this Act; or
(b)who is a person such as is referred to in paragraph (a), (b), (c) or (d) of subsection (1), to be recognized as a refugee for the purposes of this Act.
(3)The Executive Director shall cause any declaration in terms of subsection (2), and any
amendment or revocation thereof, to be published in the Gazette and in such other manner as
he considers will best ensure that it is brought to the attention of authorized officers and
persons to whom it relates.
(4)A person shall not be a refugee for the purposes of this Act if
(a)he has committed a crime against peace, a war crime or a crime against humanity, as
defined in any international instrument to which Liberia is a party and which has been drawn
up to make provision in respect of such crimes; or
(b)he has committed a serious non-political crime outside Liberia prior to his admission to
Liberia as a refugee; or
(c)he has been guilty of acts contrary to the purposes and principals of the United Nations
Organization or the Organization of African Unity; or
(d)having more than one nationality, he has not availed himself of the protection of one of the
countries of which he is a national and has no valid reason, based on well-founded fear of
persecution or on a reason referred to in paragraph (c) of subsection (1), for not having availed
himself of its protection.
(5)A person shall cease to be a refugee for the purposes of this Act if
(a)he voluntarily re-avails himself of the protection of the country of his nationality; or
(b)having lost his nationality, he voluntarily re-acquires it; or
(c)he becomes a citizen of Liberia or acquires the nationality of some other country and enjoys
the protection of the country of his new nationality; or
(d)he voluntarily re-establishes himself in the country which he left, of outside which he
remained owing to a reason referred to in paragraph (c) of subsection (1), as the case may be;
or
(e)he can no longer, because the circumstances in connection with which he was recognized as
a refugee have ceased to exist
(i)continue to refuse to avail himself of the Protection of his country of nationality; or
(ii)he has lost his nationality, continue to refuse to return to the country of his former habitual
residence:
Provided that the provisions of this paragraph shall not apply to a person who is referred to in
paragraph (d) of subsection (1) and who satisfies the Executive Director and the Representative
of the United Nations High Commissioner for Refugees that he has compelling reasons, arising
out of previous Persecution, for refusing so to avail himself or so to return, as the case may be;
or
(f)he is a Person referred to in paragraph (c) of subsection or is a member of a class of persons
declared in terms of subsection (2) to be refugees on the ground that they are refugees as
described in paragraph (c) of subsection (1), and
(i)he has committed a serious non-political crime outside Liberia after his admission into
Liberia as a refugee; or
(ii)he has seriously infringed the purposes and objectives of the Convention Governing the
Specific Aspects of Refugee Problems in Africa, signed at Addis Ababa on the 10th September,
1969.

Every recognized refugee shall, subject to the provisions of this Act
(a)be issued with an identity card in the form prescribed; and
(b)be permitted to remain within Liberia in accordance with the provisions of this Act.

(1)Subject to the provisions of this Act, every recognized refugee and every protected person
within Liberia-
(a)shall be entitled to the rights and be subject to the duties contained in
(i)the Articles of the Convention Relating to the status of Refugees of the 28th July, 1951,
which are set out in Part of the schedule; and
(ii)the Articles of the Organization of African Unity Convention Governing the Specific Aspects
of Refugee Problems in Africa of the 10th September, 1969 which are set out in Part II of the
Schedule;
as if the references therein to refugees were references to recognized refugees and protected
persons; and
(b)shall be subject to all compatible laws in force within Liberia.
(2)The Executive Director may, by notice in the gazette, designate places and areas in Liberia
within which all
(a)recognized refugees and protected persons; and
(b)persons who have applied in terms of section seven for recognition as refugees; and
(c)members of the families of persons referred to in paragraph (b);
or any classes thereof, as may be specified in the notice; shall live. This subsection shall
however, not preclude the right of any refugee to live in any place of his choice within the
Republic of Liberia.
(3)Subject to the provisions of this Act, every recognized refugee and protected person within
Liberia shall, in respect of wage-earning employment, be entitled to the same rights and be
subject to the same restrictions, if any, are conferred or imposed generally on persons who are
not citizens of Liberia:
Provided that no recognized refugee or protected person shall be subject to any such
restriction imposed for the protection of the national labour market.

(1)Notwithstanding the provisions of any other law, no person shall be refused entry into
Liberia, expelled, extradited or returned from Liberia to any other country or be subjected to
any similar measure if, as a result of such refusal, expulsion, return or other measure, such person is compelled to return to or remain in a country where
(a)he may be subjected to persecution on account of his race, 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 disrupting public order in part or the whole
of that country.
(2)The Executive Director shall take such steps as he considers necessary to ensure that the
provisions of subsection (1) are applied in respect of persons to whom the subsection relates.

(1)There shall be a Commission, to be known as the Liberia Refugee, Repatriation and
Resettlement Commission, which shall consist of:
(a)The Minister responsible for Internal Affairs of the State, who shall be the Chairperson;
(b)the Minister responsible for Planning and Economic Affairs;
(c)the Executive Director, who shall serve as Secretary of the commission;
(d)a representative of the Ministry responsible for Foreign Affairs;
(e)a representative of the Ministry responsible for the administration of the Police and the
Immigration, (f)The Representative of the United Nations High Commissioner for Refugees or his/her
designated representative, who shall not be a voting member.
(2)Except for the Representative of the United Nations High Commissioner for Refugees, a
member of the Commission Shall hold office for such period as the President may in his/her
case fix.
(3)Whenever the Minister, in terms of subsection (a) of this section is for any reason unable to
perform the functions of Chairperson of the Commission, such functions shall be performed by
the Minister responsible for the Planning and Economics of the State, who shall also be the
Vice Chairperson of the Commission. In the absence of the Vice Chairman, that function shall
be performed by any person to whom, in terms of subsections (5) and (6) of section six, such
functions have been assigned as though, for that purpose, reference to the Executive Director
were reference to the Chairperson.
(4)Meetings of the Commission shall
(a)be held regularly and whenever necessary, but in any case not less than one time every 30
days from the date of Presidential assent to this Act; and
(b)keep its records in accordance with such directions as may from time to time be given to it
by the President.
(5)At any meeting of the Commission three quarters of its membership shall constitute a
quorum.
(6)Except for the Secretariat established in terms of section six, members of the Commission
shall not receive any remuneration by reason of their being members of the Commission.

(1)The functions of the Commission shall be :
(a)to formulate policy on matter in the country.
(b)to exercise any other powers and to perform any other duties that may be assigned to the
Commission by or in terms of this Act or by Executive directive.
(c)to assist the Secretariat in soliciting local and international assistance for refugee related
activities in the country.
(2)There shall also be an Asylum Committee of the Commission.
(3)The Asylum Committee shall consist of seconded representatives of the Commission
established under sub-section (1) of Section four.
(4)The Asylum Committee shall be chaired by the Executive Director or in his absence, his
deputy or any person to whom in terms of sub-sections (5) and (6) of section six such functions
have been assigned. The deputy to the Executive Director shall function as Secretary to the
Asylum Committee. In any case, the Executive Director or his deputy when functioning as the
Executive Director, shall be free to appoint one of the staff from the office of the Executive
Director to perform the functions of Secretary to the Asylum Committee.
(5)The functions of the Asylum Committee shall be:
(a)to receive and consider applications referred to the Asylum Committee in terms of section
seven and the decisions of the Asylum Committee on the applications shall be as though the
decisions of the commission.
(b)to exercise any other powers and to perform any other duties that may be assigned to the
Asylum Committee by or in terms of this Act.