Refugee Appeal Procedures in Kenya

What is Refugee Status Appeals Committee?

The Refugee Status Appeals Committee (Refugee Appeals Board) is a body established to handle appeals related to refugee status decisions. 

What is the Function of the Refugee Appeals Board?

Its primary function is to hear and determine appeals against decisions made by the Commissioner of Refugee Affairs, specifically concerning:

1. The rejection of individual applications for refugee status.
2. The cancellation, revocation, and termination of refugee status.

When an application is rejected, the notification includes the reasons for rejection and instructions on how to submit an appeal.

Applicants who believe their asylum application was rejected in error or have new relevant information may appeal the decision.

To appeal, applicants must:

1. Complete the Appeal Application Form  provided with the negative decision
2. Submit the form to the Refugee Appeal Board within 30 days of receiving the decision letter.

What are the Main Steps Involved in the Refugee Appeal Procedures in Kenya?

The Refugee Appeal Board (RAB) in Kenya has established a structured appellate process for individuals seeking to challenge decisions related to their refugee status. This process consists of several key steps:

1. Appeal Filing: Appellants must file an appeal with the RAB within 30 days of receiving a decision from the Commissioner for Refugee Affairs (CRA). This applies to decisions rejecting refugee status applications or cancelling, revoking, or terminating existing refugee status.
2. Appointment Slip: Upon receiving the appeal, the RAB Registrar issues an Appointment Slip to the appellant. This slip is renewed at each mention or hearing throughout the appeal process.
3. Notification to Commissioner for Refugee Affairs (CRA): The Registrar serves notice to the CRA within 7 days of receiving the appeal case.
4. Commissioner for Refugee Affairs Response: The CRA has 21 days to file a response after being served by the RAB Registrar.
5. Case Hearing: The RAB hears and determines the appeal case within 180 days. During this process, appellants may be represented by legal counsel or another authorized representative. Interpretation assistance is available upon request for those not fluent in English or Kiswahili.
6. RAB Decision: The RAB issues a decision either confirming or setting aside the CRA's original decision.
7. Further Appeal Option: If dissatisfied with the RAB's decision, appellants have 30 days to lodge an appeal with the High Court of Kenya.

Throughout the process, appellants are entitled to several rights, including:

• Confidentiality
• Receipt of an Appointment Slip
• Legal representation
• Access to interpretation assistance
• Ability to request adjournments
• Right to withdraw their appeal
• Right to appeal the RAB's decision to the High Court