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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– No. Refugees Protection Act 2007No. Refugees Protection Act 2007 98 (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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