Law library · Sierra Leone · The Refugees Protection Act, 2007
Section 2, The Refugees Protection Act, 2007
Status not yet checkedThe Refugees Protection Act, 2007, Sierra Leone
(1) Subject to this section, a person is a refugee for thepurposes 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 a 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 refuge 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
under subsection (2) to be refugees.
(2) Subject to subsection (3), if the Authority considers
that any class of persons are refugees as defined in paragraph (a),
(b), (c) or (d) of subsection (1), he may declare such class of persons
to be refugees, and may 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 Sierra Leone
before the date of such amendment or
revocation, to continue to be regarded as a
refugee for the purposes of this Act; or
Meaning of
“refugee”.
No. Refugees Protection Act 2007No. Refugees Protection Act 20076 7
(b) who is a person such as is referred to in
paragraph (a), (b), (c) or (d) or subsection (1),
to be recognised as a refugee for the
purposes of this Act.
(3) The Authority shall cause any declaration under
subsection (2), and any amendment or revocation thereof, to be
published in the Gazette and in such other manner as it considers will
best ensure that it is brought to the attention of authorised officers
and persons to whom it relates.
(4) A person shall cease to 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 Sierra Leone 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 Sierra Leone prior to his
admission to Sierra Leone as a refugee; or
(c) he has been guilty of acts contrary to the
purposes and principles of the United Nations
Organization or the African Union; 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 reacquires it; or
(c) he becomes a citizen of Sierra Leone 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, or 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 has ceased to exist–
(i) continue to refuse to avail himself of
the protection of his country of
nationality; or
(ii) if he has lost his nationality, continue
to refuse to return to the country of his
former habitual residence:
Provided that this paragraph shall not
apply to a person who is referred to in
paragraph (d) of subsection (1) and who
satisfies the Implementing Agency that
he has compelling reasons, arising out
of 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 (1), or is a member of a class of
persons declared under subsection (2) to be
refugees on the ground that they are refugees
as declared in paragraph (c) of subsection
(1), and–
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(i) he has committed a serious nonpolitical
crime outside Sierra Leone after his
admission into Sierra Leone as a
refugee; or
(ii) he has seriously infringed the purposes
and objectives of the OAU Convention.
PART II–ADMINISTRATIVE PROVISIONS
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