Section 16, The Refugees Protection Act, 2007

(1) Notwithstanding anything in the Non-Citizens (Registration, Immigration and Expulsion) Act, 1965, the Extradition Act, 1974, or any other enactment, a refugee or a member of his family shall not, except on grounds that the expulsion is necessary for reasons of national security or in pursuance of a decision reached after due process, be rejected at the border, expelled or extradited or returned from Sierra Leone to any country where there are substantial grounds for believing that– (a) he would be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, within the meaning of the United Nations Convention; or (b) his life, physical integrity or freedom would be threatened owing to external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of that country, within the meaning of the OAU Convention: Provided that nothing in subsection (1) shall prevent the expulsion, under the provisions of any law, of a refugee to any country whatsoever where, in the opinion of the Authority after consultation with other relevant authorities, such removal is necessary, on the grounds of national security or where the refugee has been convicted by a final judgment of a court of a particularly serious crime which, in the opinion of the Authority, indicates that the refugee constitutes a danger to the community. (2) Notwithstanding subsection (1), no refugee or a member of his family shall be expelled, extradited or returned from Sierra Leone under any circumstances whatsoever to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture, within the meaning of Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Rights and duties of recognised refugees. Non-return of refugees and their families. Act No. 14 of 1965. Act No. 11 of 1974. No. Refugees Protection Act 2007No. Refugees Protection Act 200722 23 (3) For the purposes of determining whether there are any such grounds as are referred to in subsection (2), the Authority shall, after consultation with other relevant authorities, take into account all relevant considerations including, where applicable, the existence in the country concerned of a consistent pattern of gross, flagrant or mass violations of human rights. (4) Where a refugee is to be the subject of an expulsion order, State security or other relevant authorities shall immediately notify the Minister in writing. (5) Before an expulsion order is issued, the Minister shall cause a written notice to be served upon the refugee who is the subject of expulsion, informing such refugee - (a) of the intention to expel him and the country to which it is proposed to expel him; (b) of his right to make representation to the Minister. (6) The Minister shall, within twenty-one days before an expulsion order is issued, inform the Representative of the United Nations High Commissioner for Refugees of the proposed expulsion, and provide to him– (a) a copy of the written notice issued under subsection (4); (b) the reasons for regarding the refugee as a threat to national security, and (c) assistance to have unhindered and confidential access to the refugee during any period of detention. (7) A refugee, upon whom a notice has been served under subsection (5) may, through the Representative of the United Nations High Commissioner for Refugees, within a period of fourteen days from the date of such service, make written representations to the Minister, in respect of the following matters:– (a) the necessity on the grounds of national security of expelling him from Sierra Leone; (b) the possibility of him being persecuted or of his life or freedom being threatened in the country to which it is proposed to expel him on account of his race, religion, nationality, membership of a particular social group or political opinion, or on account of external aggression, occupation, foreign domination or events seriously disrupting public order in part or the whole of that country; or (c) the possibility of him being subjected to torture in the country to which he is to be expelled. (8) Before the expulsion from Sierra Leone of any refugee is ordered under subsection (1), the Minister shall, after consultation with other relevant State authorities, give due consideration to any representations made under subsection (7). (9) The execution of any order for the expulsion of a refugee shall, if such refugee or the Representative of the United Nations High Commissioner for Refugees so requests, be delayed for a reasonable period, and in any case not less than ninety days, to enable such a refugee to seek admission to a country other than the country to which he is to be expelled.