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How to Apply for a Refugee Visa in Kenya

Kenyans247 / Kenyans247 / General / Huduma Centre / How to Apply for a Refugee Visa in Kenya (13 Views)

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How to Apply for a Refugee Visa in Kenya by Kenyans247(m): Sat Jan 2020 03:29pm
Procedure
The Kenyan Department for Refugee Affairs (DRA) under the Ministry of Immigration and Registration of Persons has the overall responsibility for all administration, coordination and management of refugee matters.
The DRA currently registers refugees, and the Refugee Status Determination (RSD) process is currently conducted jointly by the DRA’s Refugee Status Determination (RSD) officers working alongside RSD staff from the UN Refugee Agency (UNHCR).

Apply In Person
An asylum seeker at the point of entry in Kenya is to declare to any government official that he/she is seeking asylum in Kenya. They will be directed to the nearest Department for Refugee Affairs (DRA) registration office where they will be received by an appointed officer who shall direct him to the reception centre.
At the refugee reception centre, the asylum seeker (and his family) are to present themselves before a registration officer to apply for recognition as a refugee i.e. to get refugee status.
The registration officer in charge of a registration centre shall carry out the interviews with the asylum seekers to determine their eligibility and fill the Refugee Status Determination Application Form - Form 1 for all the family members
Additionally, the registration officer shall take the fingerprints and photographs of the asylum seeker at the time of registration.
The asylum seeker should lodge the complete application in triplicate form in person at the designated refugee reception office within thirty days of his entry into Kenya.
The asylum seeker and his family members are also to produce any identification documents they have in their possession.
The Commissioner shall ensure the fingerprints of an asylum seeker and family members taken are checked against all national fingerprint databases and will also forward the applications of all the asylum seekers registered in that centre to the refugees status determination centre.
After the initial registration process the asylum seekers having applied for the refugee status will be issued with an asylum seeker pass as they await for their Refugee Status Determination to go through.
The asylum pass shall remain valid for one year from the date of issuance, or until a final determination of the refugee status application, whichever is the earlier.
The Commissioner shall inform an asylum seeker on the refugee status determination centres where the asylum seeker shall present himself for interview and determination of his Refugee Status Determination application.
The Commissioner shall determine the application for refugee status determination within ninety days of the application being referred to him. He may make such inquiries or investigations as he thinks necessary on any application and may require an asylum seeker to appear before him for an interview.
In case of a refugee status determination interview, the asylum seeker may, present his refugee claims in person; or be represented at his own cost by a legal representative. The asylum seeker bears the burden of proof to establish that he is a refugee and in the absence of documentary evidence, the credible testimony of an asylum seeker in consideration of conditions in the country of origin may suffice to establish eligibility for refugee status.
After the refugee status determination interview, the commissioner shall notify the asylum seeker about the refugee status determination decision.
(i) In case of acceptance, the Commissioner shall, in writing notify the asylum seeker of the determination of his application, within ninety days of the determination granting refugee status.
(ii) In case of rejection, the Commissioner shall, in writing notify the asylum seeker of the determination of his application, within fourteen days of the determination giving reasons if the application is rejected.
After the grant of refugee status, a refugee shall be issued with a refugee identity card (refugee visa) or with a refugee identification pass if the refugee has not attained the age of eighteen years.
After being issued with a refugee identity card (refugee visa), a refugee shall surrender his asylum seekers pass to the issuing officer.
A refugee identity card (refugee visa) and refugee identification pass issued to a refugee under these Regulations shall be proof of the bearer’s legal presence in Kenya.
The Refugee identity card (Visa) has a validity period of five years.

Note:
When a person is granted refugee status, members of his family (including a spouse, dependent child, or sibling under the age of eighteen, or dependent parent, grandparent, grandchild, or ward living in the refugee’s household) are also accorded the same rights.

Required Documents

Any form of identification. (National ID / Passport)
Birth certificate for children
Marriage certificate

Office Locations & Contacts

Refugee Affairs Secretariat
State department of Immigration and Citizen Services.
P.O BOX 42227-0100 Nairobi
Phone: 020 4405057
Mobile: 020 4405057
Email: info@refugee.go.ke
Web:Refugee Affairs Secretariat Website http://www.refugee.go.ke/

Eligibility

A person who has entered/ fled into Kenya 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 and is unable or owing to such fear, unwilling to avail himself of the protection of his/her own country.

Fees

It is issued free of charge / gratis.

Validity

The validity period is five years

Documents to Use

Applications forms are available at immigration reception centres.
A sample of the application document can be viewed here Page 37 to 42 http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/RefugeeAct_No13of2006.pdf

Processing Time

It takes six months to one year complete process

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Instructions

As an asylum seeker visit your nearest refugee reception centre
The appointed officer in charge of a registration centre shall carry out the interviews and fill the “Refugee Status Determination Application Form - Form 1” for all the family members
The registration officer will also take the fingerprints and photographs of the asylum seeker at the time of registration.
An asylum seekers having applied for the refugee status will be issued with an asylum seeker pass which shall remain valid for one year from the date of issuance, or until a final determination of the asylum application, whichever is the earlier.
The Commissioner shall inform an asylum seeker on the refugee status determination centres where the asylum seeker shall present himself for determination of his asylum application.
In case of a refugee status determination interview, the asylum seeker may, present his refugee claims in person; or be represented at his own cost by a legal representative.
After the refugee status determination interview, the commissioner shall notify the asylum seeker about the refugee status determination decision.
After the grant of refugee status, a refugee shall be issued with a refugee identity card (refugee visa) or with a refugee identification pass if the refugee has not attained the age of eighteen years.
After being issued with a refugee identity card (refugee visa), a refugee shall surrender his asylum seekers pass to the issuing officer.

Required Information

Arrival Date and Registration Date
Interpreters name
Full Name of asylum seeker
Asylum seekers parents’ name.
Gender and Nationality
Date and place of birth
Spouse’s Name (if applicable)
Religion and Ethnicity
Full Address of Last Place of Residence in Home Country
Present Address & Contact Numbers
Education (Highest Level)
Occupation (Most Recent in the Home Country)
Identification Documents/Other Documents Provided
If you are missing identity documents or other documents that are relevant to your claim, explanation on why you do not have these documents. If you are missing identity documents, will you be able to obtain these documents in the future?
Applicant’s Registration History
Family/Household Composition
Close Family Members and Dependants in Home Country
Non Accompanying Family Members and Dependants Living Outside Home Country
Details of Travel (Date of Departure from Home County, Exit point from Home Country, Entry point in Host Country, Date of arrival in Host Country)
Written Statement why you left the home country.

Need for the Document

This document gives the refugee recognition in the host country thus making them be able to access humanitarian services.
The document officially recognises the presence of the refugee in Kenya and mandates the Kenya Government to offer them protection against forcible return to their country of origin where they may face persecution.
The refugee visa also serves as an Identification document

Information which might help

The Kenyan Department for Refugee Affairs (DRA) under the Ministry of Immigration and Registration of Persons has the overall responsibility for all administration, coordination and management of refugee matters.
The asylum seeker bears the burden of proof to establish that he is a refugee
In the absence of documentary evidence, the credible testimony of an asylum seeker in consideration of conditions in the country of origin may suffice to establish eligibility for refugee status.
A refugee is someone who has been forced to flee his or her country because of persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Most likely, they cannot return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes of refugees fleeing their countries.
If your application is unsuccessful, you must appeal within 30 days. Be aware that appeal decisions are final.
If you feel you cannot stay in a refugee camp for safety reasons, it is very important to mention this as soon as possible in the registration process.

Some of the issues considered when determining refugee status include
-
(a). The level of persecution/discrimination in home country,
(b). Any connections with Kenya,
(c). Whether another country can provide residency, and
(d). The capacity of the Kenya government to accommodate them
(e). Whether the applicant can safely return to their home country;
(f). Whether the applicant is under pressure to leave their home country;
(g). Whether there is close family or other ties in another country that would accept them;
(h). Whether the persecution/discrimination is connected to the applicant’s race, religion, political opinion or the like.

Other uses of the Document/Certificate

The Refugee Visa can be used to make an application for a movement pass.
(i) A movement pass is a legal document issued by the Commissioner for refugee affairs to an asylum seeker or a refugee with a genuine reason to facilitate movement outside the designated area.
(ii) The main reasons for issuing a pass include resettlement, medical, education, or on humanitarian consideration.
(iii) The validity of the pass is stated and the beneficiary should return to the designated area before it expires or risk being prosecuted for residing outside the designated area without authorization

External Links

Refugee Act 2006 http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/RefugeeAct_No13of2006.pdf
Refugee Consortium of Kenya. https://www.rckkenya.org/
Refugee Law and Policy https://www.loc.gov/law/help/refugee-law/kenya.php

Others

The 1951 Geneva Convention is the main international instrument of refugee law. The Convention clearly spells out who a refugee is and the kind of legal protection, other assistance and social rights he or she should receive from the countries who have signed the document.
The Convention also defines a refugee’s obligations to host governments and certain categories or people, such as war criminals, who do not qualify for refugee status.
The Convention was limited to protecting mainly European refugees in the aftermath of World War II, but another document, the 1967 Protocol, expanded the scope of the Convention as the problem of displacement spread around the world.

Source https://www.wikiprocedure.com/index.php?title=Kenya_-_Apply_for_a_Refugee_Visa

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