Section 1
Preliminary - Short title and commencement
Part I: Preliminary Section Short title and commencement Section This Act may be cited as the Refugees Act, 2006. This Act shall come into force on a day to be appointed by the Minister by statutory instrument, and different days may be appointed for the commencement of different provisions.
Section 2
Preliminary - Interpretation
Part I: Preliminary Section Interpretation Section In this Act, unless the context otherwise requires— " African Charter on Human and People’s Rights " means the charter adopted by the OAU at the Assembly of the heads of state and government held in Nairobi, Kenya, on 26th June, 1981; " African Charter on the Rights and Welfare of the Child " means the charter adopted by the OAU at the 26th session of the Assembly of heads of state and government held in Addis Ababa on 11th July, 1990; " Appeals Board " means the Refugees Appeals Board established under section 16 of this Act; " alien " means a person who is not a citizen of Uganda; " authorised officer " means a person referred to or designated as such under section 43 of this Act; " asylum seeker " means a person who has made an application for the grant of refugee status under section 19 of this Act; " clearly abusive applications " or "manifestly unfounded applications" means those applications which are clearly fraudulent or do not satisfy the criteria for the granting of refugee status under the Geneva Convention , the OAU Convention and this Act; " Commissioner " means the Commissioner for Refugees appointed under section 9 of this Act; " Conve...
Section 3
Preliminary - Granting of refugee status a humanitarian act
Part I: Preliminary Section Granting of refugee status a humanitarian act Section Subject to subsection 2 of this section, and for the avoidance doubt, the granting of refugee status to any person under this Act does not imply any judgment of, or may not be construed as an unfriendly act towards, the country of origin of the person granted refugee status, but must be regarded as a peaceful and humanitarian act extended to that person as part of his or her human rights. The Government of Uganda has the sovereign right to grant or deny asylum or refugee status to any person .
Section 4
Determination of refugee status - Qualifications for refugee status
Part II: Determination of refugee status Section Qualifications for refugee status Section A person qualifies to be granted refugee status under this Act if— owing to a well-founded fear of being persecuted for reasons of race, sex, religion, nationality, membership of a particular social group or political opinion, that person is outside the country of his or her nationality and is unable, or owing to that fear, is unwilling to return to or avail himself or herself of the protection of that country; not having a nationality and being outside the country of his or her former habitual residence owing to a well-founded fear of being persecuted for reasons of race, sex, religion, membership of a particular social group or political opinion, that person is unwilling or unable to return to the country of his or her former habitual residence; owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either a part or the whole of his or her country of origin or nationality, that person is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality; owing to a well-founded fear of persecutio...
Section 5
Determination of refugee status - Disqualification for refugee status
Part II: Determination of refugee status Section Disqualification for refugee status Section A person does not qualify to be granted refugee status if— that person has committed a crime against peace, a war crime or a crime against humanity as defined in any international instrument to which Uganda is a party; that person has committed a serious non-political crime outside Uganda prior to his or her admission to Uganda as a refugee ; that person has been guilty of acts contrary to the purpose or principles of the United Nations Organisation or the OAU ; or having more than one nationality, that person has not availed himself or herself of the protection of the second country of which he or she is a national and has no valid reason, based on a well founded fear of persecution or on a reason referred to in section 4 (c) of this Act, for not having availed himself or herself of that second country’s protection.
Section 6
Determination of refugee status - Cessation of refugee status
Part II: Determination of refugee status Section Cessation of refugee status Section A person shall cease to be a refugee if— the circumstances in connection with which that person was recognised as a refugee have ceased to exist, but he or she without compelling reasons arising out of previous persecution — being of a class of persons declared to be refugees in accordance with section 25 of this Act— that person voluntarily re-avails himself or herself of the protection of the country of his or her nationality, or voluntarily re-establishes himself or herself in the country of origin; that person surrenders his or her refugee status; having lost his or her nationality, he or she acquires it again; that person becomes a citizen of Uganda or acquires the nationality of some other country and enjoys the protection of the country of his or her new nationality; or continues to refuse to avail himself or herself of the protection of the country of origin or nationality; or continues to refuse to return to the country of former habitual residence or to take on another available nationality; that person has committed a serious non-political crime outside Uganda after admission into Uganda as a refugee ; or that person has seriou...
Section 10
Administrative matters relating to refugees - Other officers and employees
Part III: Administrative matters relating to refugees Section Other officers and employees Section There shall be such other officers and employees of the Office as may be necessary for carrying this Act into effect, who shall be appointed by the Public Service Commission.
Section 11
Administrative matters relating to refugees - Refugee Eligibility Committee
Part III: Administrative matters relating to refugees Section Refugee Eligibility Committee Section There is established a Committee to be known as the Refugee Eligibility Committee consisting of— The Commissioner for Refugees, or his or her representative, shall be— the Permanent Secretary of the Ministry responsible for refugees, who shall be the Chairperson of the Committee, or his or her representative; the Permanent Secretary of the Ministry responsible for Internal Affairs or his or her representative; the Solicitor General or his or her representative; the Permanent Secretary of the Ministry responsible for Foreign Affairs or his or her representative; the Permanent Secretary of the Ministry responsible for Local Governments or his or her representative; the Director General of the Internal Security Organisation or his or her representative; the Director General of the External Security Organisation or his or her representative; the Director, Special Branch, Uganda Police Force, or his or her representative; the Commissioner for Immigration, or his or her representative. an ex officio member of the Eligibility Committee without power to vote on any matter before the Committee, and Secretary to the Committee. The UNHCR may atten...
Section 12
Administrative matters relating to refugees - Functions of Eligibility Committee
Part III: Administrative matters relating to refugees Section Functions of Eligibility Committee Section The functions of the Eligibility Committee are— to recommend to the Minister for his or her action— to consider and deal with applications for refugee status in accordance with section 20 (2) of this Act; where necessary, to review or revise cases previously dealt with by it; to advise the Minister on matters relating to refugee status; cases of expulsion or extradition; cases of cessation of refugee status; and cases where a person requires assistance to find an alternative country of asylum.
Section 13
Administrative matters relating to refugees - Meetings of Eligibility Committee
Part III: Administrative matters relating to refugees Section Meetings of Eligibility Committee Section The Eligibility Committee shall meet as often as is necessary to discharge its functions but shall in any case meet at least once in every month. The Chairperson of the Committee shall preside at all meetings of the Committee and in his or her absence, the members present shall select one of their number to preside. The quorum at a meeting of the Committee shall be five members, including the presiding member. The Secretary shall keep minutes of the meetings of the Eligibility Committee . The Secretary shall forward copies of the minutes of the meetings of the Eligibility Committee to the Minister .
Section 14
Administrative matters relating to refugees - Power to co-opt
Part III: Administrative matters relating to refugees Section Power to co-opt Section The Eligibility Committee may co-opt any person to assist it in dealing with any matter if the Committee is satisfied that the person ’s experience or qualifications are likely to help it deal with any such matter. A person co-opted under subsection (1) is entitled to take part in the proceedings of the Eligibility Committee concerning that matter, but is not entitled to vote on any matter coming for decision before the Eligibility Committee .
Section 15
Administrative matters relating to refugees - Subcommittees of Eligibility Committee
Part III: Administrative matters relating to refugees Section Subcommittees of Eligibility Committee Section The Eligibility Committee may appoint one or more subcommittees to— inquire into and advise the Eligibility Committee on any matters within the scope of its functions as the Committee may refer to the subcommittee; to exercise such powers and perform such duties of the Eligibility Committee as the Committee may delegate or refer to the subcommittee. A subcommittee shall consist of a chairperson who shall be a member of the Eligibility Committee and such other persons, whether members of the Eligibility Committee or not, as the Eligibility Committee shall determine. A subcommittee is subject to the control of the Eligibility Committee and may be discharged or reconstituted by the Eligibility Committee at any time. Subject to any directions that may be given to it by the Eligibility Committee , a subcommittee may regulate its own procedure.
Section 16
Administrative matters relating to refugees - Refugee Appeals Board
Part III: Administrative matters relating to refugees Section Refugee Appeals Board Section There is established a Refugee Appeals Board consisting of a Chairperson and four other members appointed by the Minister on such terms and conditions as the Minister may determine. The members of the Appeals Board shall be appointed from among persons having knowledge of or experience in refugee law or matters relating to immigration, foreign affairs, national security, local administration, human rights and refugees generally. A member of the Eligibility Committee shall not be a member of the Appeals Board .
Section 17
Administrative matters relating to refugees - Functions and powers of Appeals Board
Part III: Administrative matters relating to refugees Section Functions and powers of Appeals Board Section In any appeal before it, the Appeals Board may— The Appeals Board may receive and hear appeals from the decisions of the Eligibility Committee on questions of law and procedure. confirm the decision of the Eligibility Committee ; set aside the decision of the Eligibility Committee and refer the matter back to the Committee for further consideration and decision; order a rehearing of the application; or dismiss the appeal. The Appeals Board shall expeditiously hear and determine any appeal referred to it and, in any case, shall make a decision within sixty days after the date of receipt of the appeal. For the avoidance of doubt, the Appeals Board shall not make a decision granting the status of refugee to an applicant. An applicant shall be notified of the decision of the Appeals Board in writing within fourteen days after the date of the decision. Subject to this Act, the Appeals Board may decide its own procedure except so far as its procedures are prescribed by regulations made under this Act. The Minister shall assign specific persons employed in the Ministry to carry out the administrative functions of the Appeals Board as m...
Section 18
Administrative matters relating to refugees - UNHCR may attend proceedings
Part III: Administrative matters relating to refugees Section UNHCR may attend proceedings Section The UNHCR may attend proceedings of the Appeals Board . A representative of the UNHCR may, while attending any proceedings under subsection (1), make oral or written representation on behalf of the person whose appeal is being heard.
Section 7
Administrative matters relating to refugees - Establishment of Office
Part III: Administrative matters relating to refugees Section Establishment of Office Section There is established an Office of Refugees, which shall be a public office.
Section 8
Administrative matters relating to refugees - Functions of Office
Part III: Administrative matters relating to refugees Section Functions of Office Section Without prejudice to the generality of subsection (1), the Office shall— The Office shall be responsible for all administrative matters concerning refugees in Uganda and shall, in that capacity, co-ordinate inter-ministerial and non-Governmental activities and programmes relating to refugees. be the Secretariat of the Eligibility Committee ; advise the Government and the Eligibility Committee on policy and other matters relating to refugees; advise the Government on international and regional conventions and Government’s obligations relating to refugees; protect refugees and coordinate the provision of services for their welfare; identify and initiate projects for refugees and refugee -affected areas; advise and work in liaison with the UNHCR and other organisations on refugee programmes and their implementation; implement national and regional development plans relating to refugees, in line with current international refugee practices; promote and participate in inter-state and regional initiatives for voluntary repatriation of refugees; promote Uganda’s regional and international cooperation on refugee matters with other countries and internati...
Section 9
Administrative matters relating to refugees - Commissioner for Refugees
Part III: Administrative matters relating to refugees Section Commissioner for Refugees Section Without prejudice to the generality of subsection (2) of this section, the Commissioner shall— There shall be a Commissioner for Refugees whose office shall be a public office and shall be appointed by the President, acting in accordance with the advice of the Public Service Commission. The Commissioner shall be the head of the Office and shall be responsible for the day-to-day operations of the Office and for the administration, organisation and control of the staff of the Office . advise the accounting officer on the soliciting of funds for the care and welfare of refugees and the rehabilitation of refugee affected areas; liaise with the UNHCR and other agencies for the protection of refugees and the formulation of programmes for ensuring that adequate facilities and services for reception of refugees, settlement and integration are available; inform and advise the Eligibility Committee on matters relating to refugees and refugee status; receive and process applications for refugee status or other related applications for submission to the Eligibility Committee for consideration and decision; report to and advise the Minister and the Perm...
Section 19
Application for refugee status and related matters - Application for refugee status
Part IV: Application for refugee status and related matters Section Application for refugee status Section Any person who enters Uganda and wishes to remain in Uganda as a refugee shall make a written application to the Eligibility Committee for the grant of refugee status within thirty days after the date of his or her entry into Uganda. An application made under subsection (1) of this section may be submitted to the Commissioner through an authorised officer or to the UNHCR representative. An authorised officer or UNHCR representative to whom an application is submitted under subsection (2) of this section shall, as soon as is practicable, forward the application to the Commissioner .
Section 20
Application for refugee status and related matters - Grant of refugee status
Part IV: Application for refugee status and related matters Section Grant of refugee status Section The Commissioner shall, as soon as is practicable, process the application for presentation before the Eligibility Committee and may— The Eligibility Committee shall, within ninety days after the date of receipt of the application by the Commissioner , consider and determine the refugee status of the applicant and may, after making any inquiry or investigations as the Committee may consider necessary— For the avoidance of doubt, the period of ninety days referred to in subsection (2) of this section shall commence on the day following the date on which the applicant submitted the application to— require such further information from the applicant as may be necessary to support the application; and carry out any inquiry or investigations as he or she may think fit. reject the application; or grant refugee status to the applicant. The Commissioner shall, within fourteen days after the date of the decision of the Eligibility Committee , inform the applicant in writing of the decision of the Committee. Where an application is rejected under subsection (2) of this section, the Eligibility Committee shall state the reasons for its decision in writi...
Section 21
Application for refugee status and related matters - Appeal by aggrieved party
Part IV: Application for refugee status and related matters Section Appeal by aggrieved party Section An applicant aggrieved by the decision of the Eligibility Committee may appeal to the Appeals Board within thirty days after receipt of the notice of the decision of the Eligibility Committee . Notwithstanding subsection (1) of this section, the Appeals Board may hear an appeal filed after the expiry of thirty days if the appellant has justifiable cause for having filed a late appeal. At the hearing of an appeal under this section, the appellant may appear before the Appeals Board in person or may be represented by an advocate at his or her expense. A decision of the Appeals Board shall be final.
Section 22
Application for refugee status and related matters - Applications requiring urgent and special attention
Part IV: Application for refugee status and related matters Section Applications requiring urgent and special attention Section The Commissioner shall deal with applications of— Without prejudice to the requirement for a just and equitable procedure for the determination of refugee status, the Commissioner shall deal in an expeditious manner with applications, which are considered to be clearly abusive or manifestly unfounded, in accordance with accelerated procedures prescribed by regulations under this Act. persons with disabilities; trauma victims, detained persons and victims of torture; minors and vulnerable persons; and other persons requiring urgent attention, in accordance with special procedures prescribed by regulations under this Act.
Section 23
Application for refugee status and related matters - Residence pending decision of Eligibility Committee
Part IV: Application for refugee status and related matters Section Residence pending decision of Eligibility Committee Section Notwithstanding the provisions of any other law, a person who has applied for refugee status and every member of that person ’s family shall remain in Uganda— until his or her application is granted or rejected, and no appeal has been filed with the Refugee Appeals Board ; where the application is rejected, until that person has exhausted his or her right of appeal under this Act. Where a person has exhausted the right of appeal in relation to an application and refugee status has not been granted, that applicant shall be allowed to stay in Uganda for a period not exceeding ninety days to enable him or her to seek asylum or admission to a country of his or her choice. At the expiry of the ninety days referred to in subsection (2) of this section, the person whose application has been rejected shall be subject to expulsion or deportation from Uganda or other appropriate action under the applicable laws. The Minister may, on application by the person concerned, extend the period of ninety days referred to in subsection (2) of this section if the Minister has reasonable grounds to believe that the person concerned is...
Section 24
Application for refugee status and related matters - Entitlement of refugee after submission of application
Part IV: Application for refugee status and related matters Section Entitlement of refugee after submission of application Section After an applicant has submitted an application for refugee status to the Eligibility Committee under section 19 of this Act, the applicant shall— be issued with a temporary document valid for a period of ninety days from the date it is issued, and thereafter the document is renewable every two months until all rights connected with or incidental to applications for refugee status are exhausted; and be informed of the presence of the UNHCR representative in Uganda and given the opportunity to contact him or her. The applicant is entitled, to a hearing during the consideration of his or her application and where necessary the State shall provide the services of a competent interpreter to the applicant. In the exercise of his or her rights under subsection (2) of this section, the applicant may be represented or assisted by a person of his or her own choice, including an advocate at his or her own expense.
Section 25
Application for refugee status and related matters - Group recognition, mass influx and temporary protection
Part IV: Application for refugee status and related matters Section Group recognition, mass influx and temporary protection Section The Minister may, if it is evident that a class of persons qualifies to be refugees under section 4 of this Act, declare that class of persons to be refugees. The Minister shall cause a declaration made under subsection (1) of this section to be published in the Gazette and in any other manner that will best ensure that the declaration is brought to the attention of the authorised officers and persons to whom it relates. The Minister may, where there is a mass influx of asylum seekers into Uganda, in consultation with the Minister responsible for internal affairs, issue an order permitting the asylum seekers to reside in Uganda without requiring their individual status to be determined under section 4 of this Act. A declaration made under subsection (3) of this section is valid for a period of two years from the date of the declaration or until the cause of the influx into Uganda from the country of origin or habitual residence ceases to exist, whichever is sooner. Where asylum seekers are permitted to reside in Uganda under subsection (3) of this section, they shall be subject to the general treatment and righ...
Section 26
Application for refugee status and related matters - Family of recognised refugee
Part IV: Application for refugee status and related matters Section Family of recognised refugee Section Every member of the family of a recognised refugee who enters Uganda shall enjoy the same protection as that recognised refugee and shall— be permitted to enter and remain in Uganda for as long as the recognised refugee is permitted to remain; and be issued with all necessary documents relevant to his or her status. On the death of a recognised refugee , any member of the family of the recognised refugee in Uganda shall continue to enjoy the protection referred to in subsection (1) of this section and shall remain in Uganda until otherwise disqualified. Nothing in this section shall prevent a member of the family of a recognised refugee from applying for the grant of refugee status in accordance with this Act.
Section 27
Application for refugee status and related matters - Reunion of family of recognised refugee
Part IV: Application for refugee status and related matters Section Reunion of family of recognised refugee Section The Eligibility Committee may grant permission to enter and reside in Uganda under this section to— A recognised refugee may apply to the Eligibility Committee for permission for a member of his or her family to enter and reside in Uganda for purposes of reunion. Regulations made under this Act shall prescribe the procedure for applying for a family reunion under subsection (1) of this section, taking into account the principle of family unity. Where an application is made to the Eligibility Committee under subsection (1) of this section, the Commissioner shall make investigations regarding the application and submit a report in writing to the Committee, specifying the relationship between the refugee and the person to whom the application relates. any member of the family of a recognised refugee ; and any dependant of a member of the family of a recognised refugee . The Commissioner shall investigate and ascertain the family situation of an unaccompanied child who enters Uganda and wishes to remain in Uganda as a refugee , and may make recommendations regarding the adoption of the child under the Children Act, Cap. 59 , or an...
Section 28
Rights and obligations of refugees - Refugee entitlements under international conventions
Part V: Rights and obligations of refugees Section Refugee entitlements under international conventions Section Subject to this Act and any reservations entered by Uganda to any international or regional convention or instrument, every refugee is entitled to the rights and shall be subject to obligations provided for or specified in— the Geneva Convention ; the OAU Convention ; and any other convention or instrument relating to the rights and obligations of refugees to which Uganda is a party.
Section 29
Rights and obligations of refugees - Rights of refugees while in Uganda
Part V: Rights and obligations of refugees Section Rights of refugees while in Uganda Section A recognised refugee shall, subject to this Act, the OAU Convention and the Geneva Convention — receive at least the same treatment accorded to aliens generally in similar circumstances relating to— be issued with an identity card in a prescribed form stating the refugee status of the holder for purposes of identification and protection; be permitted to remain in Uganda; be entitled to fair and just treatment without discrimination on grounds of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political opinion; receive at least the same treatment as is generally accorded to aliens under the Constitution and any other law in force in Uganda; and be entitled to privileges that may be granted under the laws of Uganda by any administrative agency or organ of the Government; movable and immovable property and other rights pertaining to property and to leases and other contracts relating to movable and immovable property; the right to transfer assets held and declared by a refugee at the time of entry into Uganda, including those lawfully acquired in Uganda; education, other than elementary e...
Section 30
Rights and obligations of refugees - Freedom of movement
Part V: Rights and obligations of refugees Section Freedom of movement Section Subject to subsection (2) of this section, a recognised refugee is entitled to free movement in Uganda The free movement of a recognised refugees in Uganda is subject to reasonable restrictions specified in the laws of Uganda, or directions issued by the Commissioner , which apply to aliens generally in the same circumstances, especially on grounds of national security, public order, public health, public morals or the protection of the rights and freedoms of others;
Section 31
Rights and obligations of refugees - Right to travel document
Part V: Rights and obligations of refugees Section Right to travel document Section A recognised refugee staying in Uganda is entitled to a travel document for the purpose of travel outside Uganda, unless compelling reasons of national security or public order require otherwise. A travel document issued to a recognised refugee shall be valid for all countries except the refugee ’s country of origin and those countries with respect to which Uganda has restrictions. A recognised refugee in possession of a valid passport issued by the country of origin shall surrender that passport to the issuing officer before acquiring a travel document . A person who has ceased to be a recognised refugee under this Act shall not be issued with a travel document , and if such person is in possession of a travel document , he or she shall surrender it to the immigration office. For the purposes of this section, " travel document " means a travel document issued under or in accordance with article 28 of the Geneva Convention .
Section 32
Rights and obligations of refugees - Rights of refugee children
Part V: Rights and obligations of refugees Section Rights of refugee children Section Every refugee child is entitled to the enjoyment of the rights and freedoms contained in— Refugee children shall be accorded the same treatment as nationals with respect to elementary education . the Children Act, Cap. 59 ; the African Charter on the Rights and Welfare of the Child , 1981; the Convention on the Rights of the Child , 1989; and the Geneva Convention , Identification documents for children and unaccompanied minors shall be issued in accordance with the principles applicable to a recognised refugee .
Section 33
Rights and obligations of refugees - Rights of women refugees
Part V: Rights and obligations of refugees Section Rights of women refugees Section A woman refugee is entitled to equal enjoyment and protection of all human rights and fundamental freedoms in economic, social, cultural, civil or any other fields as provided for in the Constitution and other relevant laws in force in Uganda and international and regional instruments to which Uganda is a party, and in particular the following— A woman refugee shall have equal opportunities and access to procedures relating to refugee status; and affirmative action shall be taken to protect women refugees from gender discriminating practices . the Convention on the Elimination of All Forms of Discrimination Against Women, 1979; and the African Charter on Human and People’s Rights , 1981.
Section 34
Rights and obligations of refugees - Personal status
Part V: Rights and obligations of refugees Section Personal status Section The personal status of a recognised refugee shall be governed by the law of the country of his or her domicile or, if he or she has no domicile, by the law currently in force in Uganda. All rights previously acquired by a refugee and dependent on personal status, particularly rights attaching to marriage, shall be respected, subject to the laws of Uganda.
Section 35
Rights and obligations of refugees - Duties and obligations of refugee
Part V: Rights and obligations of refugees Section Duties and obligations of refugee Section Subject to this Act, a recognised refugee shall— be bound by and conform to all laws and regulations currently in force in Uganda; conform to measures taken for the maintenance of public order; not engage in activities which may endanger state security, harm public interests or disrupt public order; not engage in any political activities within Uganda, whether at local or national level; not engage in any activity contrary to the principles of the Charter of the United Nations and the Statute of the African Union, and in particular, shall not undertake any political activities within Uganda against any country, including his or her country of origin; and if engaged in gainful employment or fully integrated and has a source of income, pay taxes in accordance with the applicable tax laws of Uganda.
Section 36
Rights and obligations of refugees - Rights of family member of refugee
Part V: Rights and obligations of refugees Section Rights of family member of refugee Section A member of the family of a recognised refugee is entitled to the same rights and subject to the same obligations as the recognised refugee .
Section 37
Miscellaneous - Principles of international instruments to be followed
Part VI: Miscellaneous Section Principles of international instruments to be followed Section In the exercise of their functions under this Act, the Eligibility Committee and the Appeals Board shall be guided by the principles laid down in relevant or applicable international conventions or instruments.
Section 38
Miscellaneous - Prosecution for unlawful entry or presence in Uganda
Part VI: Miscellaneous Section Prosecution for unlawful entry or presence in Uganda Section Notwithstanding the provisions of the Uganda Citizenship and Immigration Control Act, Cap. 66 , proceedings shall not be instituted or continued against any person or any member of the family of any such person in respect of his or her unlawful entry or presence in Uganda if that person— intends to make an application to be recognised as a refugee under this Act; or has been granted refugee status. Any person who, having applied and exhausted all rights for the grant of refugee status under this Act, fails to be recognised as a refugee and unlawfully continues to stay in Uganda, shall be dealt with under the Uganda Citizenship and Immigration Control Act, Cap. 66 , or any other applicable law.
Section 39
Miscellaneous - Procedure for withdrawal of recognition of refugee status
Part VI: Miscellaneous Section Procedure for withdrawal of recognition of refugee status Section Where the Commissioner has reasonable grounds to believe that a person who has been recognised as a refugee under this Act— Where a case has been referred to the Eligibility Committee under subsection (1) of this section, the Committee shall cause a written notice to be served upon the person whose refugee status is under consideration— The Eligibility Committee — may withdraw the recognition of that person as a refugee on the grounds of misrepresentation of facts of a material or substantial nature regarding— In any appeal under subsection (5) of this section, the Appeals Board may— should not have been so recognised; or has ceased to be a refugee under this Act, informing that person of the fact that his or her refugee status is under consideration for withdrawal; and inviting that person to make written representations regarding his or her refugee status to the Eligibility Committee within fourteen days after the date of service of the notice on him or her. shall consider a case referred to it under subsection (1) of this section; may make such inquiries or investigations as it may consider necessary conce...
Section 40
Miscellaneous - Expulsion of refugees
Part VI: Miscellaneous Section Expulsion of refugees Section The Minister may, after consultation with the Minister responsible for internal affairs, order the expulsion of any recognised refugee from Uganda, if the Minister considers the expulsion to be necessary or desirable in the interest of national security or public order. Before ordering the expulsion of a recognised refugee under subsection (1) of this section, the Minister shall give due consideration to any representation made by the refugee concerned or his or her representative or the representative of the UNHCR .
Section 41
Miscellaneous - Extradition of refugees
Part VI: Miscellaneous Section Extradition of refugees Section Where— a country with which Uganda has extradition arrangements or treaty; or an international tribunal, makes a request to Uganda for the extradition of a recognised refugee on the ground that such refugee — is required to answer criminal charges; or has been convicted by a court of competent jurisdiction of a serious criminal offence, which is a non-political offence, A request for an extradition under subsection (1) of this section may be granted only if the offence that gave rise to the extradition request was committed in the territory of the requesting country. Subject to the provisions of any written law, the Minister may deny a request for extradition under this section, if the offence for which extradition has been sought can be tried under the laws of Uganda, or if the Minister is of the opinion that it will not be in the public interest to grant the request.
Section 42
Miscellaneous - Extradition, return of refugee, etc
Part VI: Miscellaneous Section Extradition, return of refugee, etc Section Notwithstanding the provisions of any other law, no person shall be refused entry into Uganda, expelled, extradited or returned from Uganda to any other country or subjected to any similar measures if, as a result of such refusal, expulsion, return or other measure, that person is compelled to return to or remain in a country where— he or she may be subjected to persecution on account of race, religion, sex, nationality, membership of a particular social group or political opinion; or his or her life, person or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in a part of or in the whole of that country. Where necessary, the Minister shall take such steps as he or she considers appropriate to ensure that a person referred to in subsection (1) of this section gets admission into another country of his or her choice.
Section 43
Miscellaneous - Authorised officers
Part VI: Miscellaneous Section Authorised officers Section An authorised officer may, for the purposes of exercising the powers and carrying out his or her duties under this Act, and bearing in mind an individual’s right to privacy of person , home, correspondence, communication and other property— A search of any person or property under subsection (3)(a) of this section shall not be conducted unless the authorised officer concerned has reasonable grounds to believe that the search is necessary for the prevention, investigation or detection of— The officers of the Office , Resident District Commissioners, Chief Administrative Officers, Immigration Officers, District Internal Security Officers and police officers not below the rank of inspector, shall be authorised officers for the purpose of this Act. The Minister may, by notice published in the Gazette , designate any other public officer or any class of public officers to be authorised officers for the purposes of this Act. An authorised officer shall in the implementation of any provision of this Act consult the Refugee Eligibility Committee and the office responsible for refugees. subject to subsections (5) and (6) of this section, search any person...
Section 44
Miscellaneous - Settlements and transit centres
Part VI: Miscellaneous Section Settlements and transit centres Section The Minister may, in accordance with the Constitution and any other law, by notice published in the Gazette , designate places or areas on public land to be transit centres or refugee settlements for the purposes of— The Commissioner shall, in collaboration with and the support of non-governmental organisations, the UNHCR , international organisations and the international community— temporarily accommodating persons who have applied for grant of refugee status pending the processing and consideration of their applications by the Eligibility Committee ; and local settlement and integration of refugees whose applications for refugee status have been granted. An applicant or refugee who may wish to stay in a place other than the designated places or areas may apply to the Commissioner for permission to reside in any other part of Uganda. A refugee who is authorised to stay in a place other than a designated place or area under subsection (2) of this section, may be required to report to the local or urban council of the area or to an authorised officer from time to time. where there is need, give relief and assistance to persons whose a...
Section 45
Miscellaneous - Naturalisation of recognised refugee
Part VI: Miscellaneous Section Naturalisation of recognised refugee Section The Constitution and any other law in force in Uganda regulating naturalisation shall apply to the naturalisation of a recognised refugee .
Section 46
Miscellaneous - Voluntary repatriation of refugee
Part VI: Miscellaneous Section Voluntary repatriation of refugee Section A recognised refugee who voluntarily wishes to be repatriated shall express his or her wish in writing to the Commissioner who shall, in consultation with UNHCR cause arrangements to be made for the repatriation of that refugee . Where an application for voluntary repatriation is received by the UNHCR , it shall inform the Commissioner accordingly.
Section 47
Miscellaneous - Penalty against certain carriers
Part VI: Miscellaneous Section Penalty against certain carriers Section Subject to subsection (2) of this section, any carrier who knowingly carries or transports into Uganda a person without a valid travel document is liable to the punishment prescribed under the law in force in Uganda relating to immigration and is, in addition, responsible for carrying that person out of Uganda at his or her expense. Nothing in this section shall be construed as preventing a carrier from carrying or transporting into Uganda a refugee whom he or she has reasonable grounds to believe is genuinely seeking asylum. For the purposes of this section, "carrier" means a person who is in charge of a ship, aircraft, train or vehicle arriving from any place outside Uganda;
Section 48
Miscellaneous - Regulations
Part VI: Miscellaneous Section Regulations Section The Minister may, by statutory instrument, make regulations prescribing matters— Without prejudice to the generality of subsection (1) of this section, regulations made under subsection (1) shall provide for— required or permitted to be prescribed by or under this Act; and necessary or convenient to be prescribed for giving effect to this Act. the exercise of the right of appeal conferred by this Act; procedures at meetings of the Eligibility Committee and the Appeals Board , including the participation at those meetings of the representative in Uganda of the United Nations High Commissioner for Refugees and particular voluntary organisations which are engaged in refugee assistance in Uganda; the procedure for the consideration of applications for the grant of refugee status and the form in which the applications shall be made; quick and accelerated procedure for dealing with applications that are considered to be clearly abusive or manifestly unfounded; the form and issuance of identification and travel documents to refugees and members of their families; the assignment to subcommittees of the Eligibility Committee or to other persons, of the functions...
Section 49
Miscellaneous - Repeal of Cap. 62 and transitional provisions
Part VI: Miscellaneous Section Repeal of Cap. 62 and transitional provisions Section Notwithstanding the repeal under subsection (1) of this section— The Control of Alien Refugees Act, Cap. 62, is repealed. any public officer or employee holding office or employment under the repealed Act immediately before the commencement of this Act, shall continue to hold such office or employment as if he or she was appointed or employed under this Act; and any regulations made under the repealed Act shall, in so far as they are consistent with the provisions of this Act, continue in force as if they were made under this Act.