RSD is the legal or administrative process by which governments or the United Nations High Commissioner for Refugees (UNHCR) determine whether a person seeking international protection qualifies to be declared a refugee under international, regional or national law. States have the primary responsibility for conducting RSD, but UNHCR may do so where states are unable or unwilling. The RSD process in Kenya is very similar to that of South Africa. This process is outlined in the Refugees (Reception, Registration and Adjudication) Regulations, 2009 (just Refugees Regulations, 2009 for the purposes of this essay). The Refugees Regulations, 2009 is a subsidiary legislation of the Refugees Act 2006.
Table of Contents
1. Refugee Status Determination (RSD) in Kenya
1.1 Introduction to RSD
1.2 RSD Process in Kenya
1.3 Asylum Seeker’s Narrative
1.4 Applicable Rules
1.5 RSD Officer Deliberations
1.6 Conclusions and Recommendations
Objectives and Topics
This document provides an overview of the Refugee Status Determination (RSD) process in Kenya, detailing the legal framework, administrative procedures, and the application of international and national laws regarding asylum seekers. It explores how the Kenyan government and UNHCR assess claims, the rights of asylum seekers, and the judicial oversight involved in handling refugee cases through analysis of statutory regulations and relevant case law.
- Legal framework for RSD in Kenya, including the Refugees Act 2006.
- Procedural steps for asylum seekers from entry to final determination.
- Definition of refugees under the 1951 UN Convention and the 1969 OAU Convention.
- Judicial interpretation of refugee status through specific case law examples.
- The role of the Commissioner and the Refugee Appeal Board in adjudication.
Excerpt from the Book
Asylum Seeker’s Narrative
My name is Babu Wine Kyagulani from Uganda. My mother, Okoti Oduma came from the shores of Kadimu, Yimbo, Central Nyanza, Kenya. She’s the first among my father’s seven wives. I was born on new year’s eve in 1972 and I am the eldest among an extended family of 27 siblings. I am my mother’s only child. I am here today with my last born daughter, Sinthia Liet Kafirifiri. Her mother is Sarai Tinga Wine, my second and last wife.
I flew to London three days ago and as soon as I switched on my iPhone X on arrival, I was bombarded with a barrage of messages and missed call notifications. I found this to be odd, even for a Presidential contestant like myself. Anyway, before I could make sense of what the buzz was all about, a call came in, from Akude Opiyo Jua, my shamba boy, whom I had discharged from service, via SMS, as I boarded my flight that morning.
On picking up, he was mumbling and rumbling, hysterically if I may add. I couldn’t understand a thing he was saying so I decided to give him a thorough tongue lashing: explaining to him that it was his gross misconduct and insubordination that had cost him his job. To my dismay, Opiyo informed me that he hadn’t called to plead for his job back, instead, he’d called to inform me that he had managed to rescue my Kafirifiri. “From what?” I asked, and that’s when all hell broke loose.
Summary of Chapters
Refugee Status Determination (RSD) in Kenya: This opening section sets the broad scope of the document, defining RSD as the administrative process used by states and the UNHCR to grant international protection.
Introduction to RSD: This chapter defines the legal basis for RSD, noting that while states hold the primary responsibility, UNHCR may intervene if states are unable or unwilling to conduct the process.
RSD Process in Kenya: This chapter details the operational steps of registration, the use of the Asylum Seeker’s Pass, and the statutory requirements for applicants within Kenya.
Asylum Seeker’s Narrative: This section presents a fictional case study of an individual seeking protection, illustrating the real-world complexities and personal accounts involved in an asylum claim.
Applicable Rules: This chapter outlines the three primary legal definitions of a refugee in Kenya, drawing from the 1951 UN Convention, the 1969 OAU Convention, and the Refugees Act 2006.
RSD Officer Deliberations: This section analyzes the fictional narrative against legal standards to determine if the asylum seeker qualifies for protection based on well-founded fears of persecution.
Conclusions and Recommendations: This concluding chapter summarizes the eligibility findings for the case study and provides administrative recommendations for the next steps in the asylum process.
Keywords
Refugee Status Determination, RSD, Kenya, UNHCR, Asylum Seeker, Refugees Act 2006, Persecution, Statutory Refugee, Prima Facie, Human Rights, International Law, Legal Adjudication, Refugee Appeal Board, Citizenship, Political Opinion.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on the legal and administrative framework for Refugee Status Determination (RSD) within the Kenyan jurisdiction.
What central themes are explored?
The themes include legislative requirements, the operational workflow of registration, the legal definitions of refugee status, and judicial review in refugee cases.
What is the primary objective of the RSD process?
The objective is to determine whether an applicant qualifies for refugee status under national and international law based on a well-founded fear of persecution.
Which scientific or legal methodology is used?
The document uses a descriptive legal analysis of statutory instruments (the Refugees Act 2006) and a comparative review of high court case law.
What does the main body cover?
The main body covers the registration procedures, the hierarchy of legal conventions applied in Kenya, and an analysis of how judicial bodies handle refugee claims.
Which keywords characterize this work?
Key terms include Refugee Status Determination, Statutory Refugee, UNHCR, Political Persecution, and Judicial Review.
How does the author analyze the fictional narrative?
The author evaluates the fictional case by mapping the individual's claims against the specific criteria set out in the 1951 UN Convention and the Kenyan Refugees Act.
What is the importance of the distinction between a 'statutory refugee' and a 'prima facie refugee'?
The distinction is legally significant for the burden of proof and the specific regulatory pathways through which an individual's status is recognized by the state.
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- B. W. Namano (Autor:in), 2020, Refugee Status Determination (RSD) in Kenya, München, GRIN Verlag, https://www.grin.com/document/981205
