NATIONAL COMMISSION FOR REFUGEES, ETC. ACT

(1) As from the commencement of this Act and notwithstanding any other law or enactment, no person who is a refugee within the meaning of this Act shall be refused entry into Nigeria, expelled, extradited or returned in any manner whatsoever, to the frontiers of any territory where-
(a)
his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular group or political opinion; or
(b) his life, physical integrity or liberty could be threatened on account of external aggression, occupation, foreign domination or events seriously disrupting public order in any part or the whole of that tenitory.
(2)
The provisions of subsection (1) of this section, shall not apply to a refugee who-
(a) is a danger to the security of Nigeria; or
(b)
is convicted by a court or tribunal for committing any serious crime as stipulated in the conventions contained in First to Third Schedules to this Act.
[First to Third Schedules.]
(3) No person, claiming to be a refugee within the meaning of this Act who has illegally entered into or is illegally present in Nigeria, shall be expelled, extradited or returned merely by reason of his illegal entry or presence in Nigeria or any part of Nigeria pending the determination of his application for a refugee status.
(4) A person who has lawfully entered into or is lawfully present in Nigeria and who wishes to remain in Nigeria on the grounds that he is a refugee within the meaning of this Act, shall not be compelled to leave Nigeria unless he has found another country of asylum.

The office of the Secretary to the Federal Government shall, subject to the provisions of this Act, be charged with responsibility for matters relating to refugees or refugee status.

(1)
There is hereby established, under the supervision of the Secretary to the Federal Government, a commission to be called the National Commission for Refugees (in this Act referred to as "the Commission") which shall consist of-
(a) a chairman to be appointed by the President;
(b) a representative of the Secretary to the Federal Government, as vice-chairman;
(c) the Federal Commissioner for Refugees or his representative;
(d) the Permanent Secretary of the Ministry of Foreign Affairs or his representative;
(e) the Permanent Secretary of the Ministry of Internal Affairs or his representative; and
(f) the representative of the United Nations High Commissioner for Refugees in Nigeria, as observer to be invited by the Commission, from time to time, to the meetings of the Commission when matters to be considered by the Commission have international import or are of global importance to refugees.
(2) The Commission shall hold its meetings as and when the chairman is of the opinion that the Commission should meet and shall keep and furnish the Secretary to the Federal Government with records of its meetings.
(3) A member of the staff of the secretariat of the Federal Commissioner for Refugees shall perform secretarial duties during the meetings of the Commission.

(1) The functions of the Commission shall be to-
(a) lay down general guidelines and overall policy on general issues relating to refugees and persons seeking asylum in Nigeria;
(b) advise the Federal Government on policy matters in relation to refugees in Nigeria;
(c) consider such matters as the Secretary to the Federal Government may, from time to time, refer to it and make recommendations thereon to the Secretary to the Federal Government.
(2) The quorum of the Commission shall be three.
(3)
The Commission may appoint such committees as it may deem necessary to deal with specific aspects of refugee problems in Nigeria.
(4) When there is a large scale influx of persons claiming to fall within the meaning of refugees under this Act, the Commission shall meet on an emergency basis and advise the Federal Government on the appropriate measures to be taken, including the provision of adequate facilities and services, necessary for the care of the particular group of persons affected by the influx.

(1) There shall be appointed by the President, a Federal Commissioner for Refugees (in this Act referred to as "the Federal Commissioner") who shall-
(a) grant refugee status to applicants on the recommendations of the Eligibility Committee constituted pursuant to section 6 (1) of this Act;
(b) preside over the committees on refugees, as may be appointed from time to time;
(c) ensure the provision of adequate facilities and services for the reception and care of refugees in Nigeria;
(d) take such steps as he considers necessary to ensure compliance with the provisions of section 1(1) of this Act;
(e) exercise such other powers and perform such other duties relating to refugees as may be assigned to him, from time to time, by the Commission or the Secretary to the Federal Government.
(2) The Federal Commissioner shall perform the functions conferred upon him by this section under the supervision of the Secretary to the Federal Government, including compliance with any general instructions that may be given to him by the Secretary to the Federal Government.

(1) There is hereby established, under the supervision of the Federal Commissioner, a committee to be known as the Eligibility Committee for Refugees (in this Act referred to as "the Eligibility Committee"), which shall consist of-
(a) the Permanent Secretary, Ministry of Foreign Affairs or his representative, as chairman;
(b) the director of the Immigration Department or his representative;
(c) a representative of the Vice-President; and
(d) the representative of the office of the United Nations High Commissioner for Refugees in Nigeria, who shall participate as an observer.
(2) The functions of the Eligibility Committee shall be to-
(a) process and consider applications for refugee status and recommend such applicants that qualify for that status to the Federal Commissioner;
(b) register persons who have been granted refugee status under this Act; and
(c) exercise any other powers and perform any other duties that may be assigned to it, from time to time, by the Federal Commissioner for the Secretary to the Federal Government.

(1) There is hereby established a body to be known as the Refugee Appeal Board (in this Act referred to as "the Board"), which shall consist of three legal officers to be appointed by the Secretary to the Federal Government after consultation with the Attorney-General of the Federation and Minister of Justice, at least one of whom shall be a person with adequate knowledge in international and comparative law.
(2) The representative of the United Nations High Commissioner for Refugees in Nigeria may be invited to the proceedings of the Board and shall have the right to make oral or written representations on behalf of any person concerned in any appeal that is being heard by the Board.
(3) The Board shall meet at the invitation of the Federal Commissioner or at the request of the Secretary to the Federal Government.
(4) Subject to the provisions of section 8 of this Act, the Board shall hear appeals against the decisions of the Eligibility Committee on cases referred to it by the Secretary to the Federal Government or the Federal Commissioner.
(5) The Board shall give due consideration to any representations made on behalf of an appellant before coming to a final decision on the appeal.
(6) The Board may invite the appellant for an oral interview and shall allow him to be represented by a legal practitioner, if he so desires.

(1) Application for the grant of a refugee's status shall be made to the Federal Commissioner through the nearest competent officer or through the office of the United Nations High Commissioner for Refugees in Nigeria.
(2) A competent officer to whom a person seeking asylum first presents himself shall, if he is not himself an immigration officer, as soon as possible notify an immigration officer that a person seeking refugee's status has entered into or is present in Nigeria.
(3) An application received by the office of the United Nations High Commissioner for Refugees shall be forwarded to the Eligibility Committee constituted under section 6 (1) of this Act.
(4) The Eligibility Committee may invite the applicant to appear before it.
(5) The decision of the Eligibility Committee shall be notified in writing to the applicant by the Federal Commissioner.
(6) If the Eligibility Committee recommends that the applicant shall not be granted refugee status, it shall give reasons for its decision.
(7) In the case of a refusal to grant refugee status, the applicant may appeal against the decision of the Eligibility Committee to the Board established by section 7 (1) of this Act within thirty days of his being notified of the refusal.
(8) While awaiting the final decision by the Board, the applicant shall be allowed to remain in the country in accordance with section 1(3) of this Act.
(9) If the applicant is finally refused a refugee status, he shall be given reasonable time to seek admission as a refugee into another country.

Notwithstanding the provision of any other law, any person who has applied under section 8 of this Act for grant of refugee status and every member of his family, shall have the right to remain within Nigeria-
(a) until such person has been granted refugee status under the provisions of this Act; or
(b) where the application of such person is unsuccessful, until such person has had an opportunity to exhaust his right of appeal as provided in subsection (7) of section 8 of this Act; or
(c) where such person has appealed under subsection (7) of section 8 of this Act and his appeal has been unsuccessful, until such person has been allowed a reasonable time and if he is in detention, has in addition been afforded reasonable facilities to seek admission to another country of his choice.

Notwithstanding the provisions of the Customs, Excise, and Tariff, etc., (Consolidation) Act, as amended, no proceedings shall be institulted or continued against any person or any member of his family in respect of his unlawful entry into or unlawful presence within Nigeria-
[Cap. C49.]
(a) if such person applies under section 8 of this Act for the grant of a refugee status, until a decision has been made on the aplication and, where appropriate, until such person has had an opportunity of exhausting his right of appeal under that section; or
(b) if such person has been granted refugee status.

(1) Every person who has been granted refugee status under this Act and members of his family shall, subject to the provisions of this Act, be-
(a) issued with an identity card in the form prescribed by the Minister charged with responsibility for matters relating to internal affairs;
(b) issued with residence permit; and
(c) subject to all laws in force within Nigeria.
(2) Every refugee and members of his family lawfully staying in Nigeria shall, in accordance with Article 28 of the 1951 United Nations Refugees Convention and Article VI of the Organisation of African Unity Convention of 10th September, 1969, Governing the Specific Aspects of Refugees Problems in Africa (hereafter referred to as "the 1969 OAU Convention"), be issued with the United Nations Travel Document.

(1) If, at any time, the Federal Commissioner considers that there are reasonable grounds for believing that a person who has been granted a refugee status for the purposes of this Act-
(a) should not have been so granted; or
(b) has ceased to be a refugee,
the Federal Commissioner shall refer the case to the Eligibility Committee.
(2)
Where a case has been referred to the Eligibility Committee under subsection (1) of this section, the Eligibility Committee shall cause a written notice to be served upon the person whose status as a refugee is under reconsideration-
(a) informing such person of the fact that his status as a refugee is to be reconsidered; and
(b)
inviting such person to make written representations to the Eligibility Committee, within a period of fourteen days from the date of service of the notice, regarding his status as a refugee.
(3)
The Eligibility Committee shall consider every case referred to it under subsection (1) of this section and may make any inquiry or investigation it deems necessary into any such case.
(4) After considering any advice or recommendation given or made to him by the Eligibility Committee, in relation to any case referred to the Eligibility Committee under subsection (1) of this section, the Federal Commissioner-
(a) may withdraw the grant of refugee status; and
(b) shall cause the person concerned to be notified in writing of his decision on the matter.

(1)
Any person who is aggrieved by a decision of the Federal Commissioner to withdraw the grant of refugee status may, within seven days of being notified of such withdrawal, appeal in writing to the Secretary to the Federal Government.
(2) In any appeal under subsection (1) of this section, the Secretary to the Federal Government may confirm or set aside the decision of the Federal Commissioner and shall cause the Federal Commissioner to be informed of his decision on the matter:
Provided that, before reaching a decision on an appeal, the Secretary to the Federal Government may do all or any of the following, that is-
(a) invite the representative of the United Nations High Commissioner for Refugees in Nigeria to make oral or written representations in the matter;
(b) refer the matter to the Eligibility Committee for further inquiry and investigation;
(c) make such further inquiry and investigation into the matter as he may deem fit.
(3) Where the Federal Commissioner has under section 12 (4) of this Act withdrawn the grant of refugee status, the person concerned shall cease to be a refugee, and any person who became a refugee by virtue of being a member of his family shall also cease to be a refugee with effect from-
(a) seven days after the date on which the Federal Commissioner notifies the person concerned that his refugee status has been withdrawn; or
(b) where the person concerned has appealed to the Secretary to the Federal Government under subsection (1) of this section, the date on which the Secretary to the Federal Government notifies the person that he confirms the decision of the Federal Commissioner:
Provided that nothing contained in this section shall be construed as preventing a person who became a refugee by virtue of being a member of the family of the person concerned, from himself applying for the grant of a refugee status.

The Federal Commissioner and all competent officers shall ensure that-(a) the members of the family of a refugee benefit from the same treatment as provided in section 1(3) of this Act;
(b) the members of the family of a refugee are permitted to enter Nigeria and to remain therein as long as the refugee concerned is permitted to remain in Nigeria under this Act.

Every person granted a refugee status in Nigeria shall be entitled to the rights and subject to the duties contained in-(a)
the articles of the United Nations Convention relating to the Status of Refugees set out in the First Schedule to this Act;
[First Schedule.]
(b)
the Protocol Relating to the Status of Refugees of 31st January, 1967 set out in the Second Schedule to this Act; and
[Second Schedule.]
(c) the Organisation of African Unity Convention governing the Specific Aspects of Refugee Problems in Africa, set out in the Third Schedule to this Act; and
(d) any laws in force in Nigeria.

(1)
A refugee may be detained or expelled for reasons of national security or public order provided that no refugee shall be expelled to a country where he has reasons to fear persecution.
(2) A refugee who has been notified of a decision of expulsion may appeal to the Board established under section 7 of this Act for re-consideration of his position.

Subject to the provisions of relevant laws and regulations relating to naturalisation, the Federal Commissioner shall use his best endeavours to assist a refugee, who has satisfied the criteria relating to the acquisition of Nigerian nationality, to acquire the status of naturalisation under such relevant laws and regulations.

The Commission may-(a)
adopt procedures to be followed by the competent officer for the purposes of facilitating entry and residence in Nigeria of refugees and members of their families;
(b) seek co-operation with non-governmental organisations on matters relating to refugees;
(c) give relief assistance to refugees while they are awaiting a final decision of the Board or the Secretary to the Government of the Federation;
(d) assist in seeking employment or education for refugees and members of their families.

(1) The Secretary to the Federal Government may make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which, in the opinion of the Secretary to the Government of the Federation, are necessary or convenient to be prescribed for the better carrying out or giving full effect to the provisions of this Act.
(2) Regulations made under subsection (1) of this section, may provide for-
(a) the assignments to the Eligibility Committee of functions relating to the investigation, inspection and supervision of the reception, treatment and welfare of refugees;
(b) the appointment of additional committee and the assignment to such committees of functions to be exercised, subject to the direction and control of the Federal Commissioner or the Eligibility Committee, in relation to the reception, treatment and welfare of refugees;
(c)
the procedure at meetings of the Eligibility Committee and of additional committees, referred to in paragraph (b) of this subsection, including the participation at such meetings of the representative of the United Nations High Commissioner for Refugees in Nigeria;
(d) the procedure for the consideration of application for the grant of refugee status and the form in which such applications shall be made;
(e) the manner and form in which appeals may be made to the Board or the Secretary to the Federal Government under sections 8 and 13 of this Act;
(f) the issuance of identification documents to persons who have applied for grant of refugee status, and to members of their families;
(g)
the form and issuance of identification and travel documents to refugees and to members of their families
(h) the form of any order or notice required to be served on any person under sections 12 or 13 of this Act and the manner in which such order or notice may be served;
(i)
persons who are detained after appealing unsuccessfully under section 8 of this Act or who are detained under section 16 of this Act, the opportunity to travel to another country of their choice:
Provided that the Secretary to the Government of the Federation shall not make regulations for such a purpose, except with the approval of the Minister, to whom the administration of the Prisons Act has been assigned;
[Cap. P29.]
(j) requiring employers, when considering applications for employment made by persons who are not citizens of Nigeria, to give preference to applicants who are refugees;
(k) co-operation and consultation with the United Nations High Commissioner for Refugees concerning applicants for refugee status;
(l) the making of representations by the United Nations High Commissioner for Refugees in relation to any person for the purposes of this Act and the services and assistance that may be rendered by the High Commissioner for or on behalf of any person for the purposes of this Act;
(m) the form and manner in which effect shall be given to Article 35 of the Convention Relating to the Status of Refugees of the 28th July, 1951 and Article II of the 1967 Protocol to that convention.
(3) Regulations made under subsection (1) of this section may prescribe penalties for contraventions thereof, but, no such penalty shall exceed a fine of N500 or imprisonment for a term of six months or both such fine and such imprisonment.

(1) For the purposes of this Act, etc. a person shall be considered a refugee if he falls within the definition provided by-
(a) Article 1 of the 1951 United Nations Convention set out in the First Schedule to this Act;
(b) Article 1 of the 1967 Protocol Relating to the Status of Refugee, set out in the Second Schedule to this Act;
(c) Article I of the 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, set out in the Third Schedule to this Act.
(2) A person shall not be considered to be a refugee under this Act-
(a) when there are serious reasons to believe that he has committed a crime against peace, war crime or a crime against humanity, as defined in any international instrument to which Nigeria is a party and which has been drawn up to make provisions in respect of such crimes; or
(b) he has committed a serious non-political crime outside Nigeria prior to his entry;
(c)
he has been guilty of acts contrary to the purposes and principles of the Organisation of African Unity.
(3) A person shall cease to be a refugee under this Act if-
(a) he has voluntarily re-availed himself of the protection of the country of his nationality; or
(b) he has voluntarily re-established himself in the country which he left, or outside which he remained owing to fear of persecution; or
(c) he can no longer, because the circumstances in connection with which he was granted a refugee status have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality.

In this Act, unless the context otherwise requires-
"country of nationality" in relation to a person who has more than one nationality, means each of the countries of which that person is a national;
"competent officer" means immigration officer, customs officer, police or security officer;
"frontier" means land-frontier, sea-frontier, port or airport of entry;
"members of the family" in relation to a refugee means spouse or spouses, unmarried children under the age of maturity and any other relative of the refugee who is dependent on him.

This Act may be cited as the National Commission for Refugees, etc. Act.