CONTINUOUS INTERNAL ASSESSMENT III

REFUGEE AND ASYLUM SEEKERS (PROTECTION) ACT, 2024

Interpretation of Statutes

[LAW 862]

Submitted by: Submitted to:

Prarthana Vasudevan Dr. Pukhraj Agarwal
2050160 Assistant Professor
8 BA LLB ‘A’ School of Law
CHRIST (Deemed to be
University)
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REFUGEES AND ASYLUM SEEKERS (PROTECTION) ACT, 2024

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ARRANGEMENT OF SECTIONS
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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

DETERMINATION OF REFUGEE STATUS

3. Persons to be recognized as refugees.

4. Cessation of refugee status.
5. Cancellation of refugee status.

CHAPTER III

PROCEDURE FOR REFUGEE STATUS

6. Application for Asylum.

7. Determination of Application for Asylum.
8. Right to Legal Representation.

CHAPTER IV

CONSTITUTION OF AUTHORITIES

9. Appointment of Authorities.
10. Qualifications and Tenure of Authorities.
11. Appeals.
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CHAPTER V

RIGHTS AND OBLIGATIONS

12. Principle of non-refoulment.

13. Rights of Refugees and Asylum Seekers.
14. Obligations.

CHAPTER VI

MISCELLANEOUS

15. Act to have overriding effect.

16. Power to remove difficulties .
17. Power of Central Government to make rules.
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MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 31st March, 2024
The following Act of Parliament received the assent of the President on the
31st march, 2024 and is hereby published for general information:-

REFUGEES AND ASYLUM SEEKERS (PROTECTION) ACT, 2024

NO. 01 OF 2024
[31st March, 2024]
An Act to protect refugees and asylum seekers in India by establishing an authority to decide
matters concerning the refugee status of persons seeking asylum and providing such persons
protection by entitling them to certain fundamental rights owing to their status;

WHEREAS the protection of refugees is a universally recognized obligation under

international conventions and India by virtue of being a member of the United Nations since
1945 and ratifying significant international human rights instruments, affirms its commitment
in abiding to international human rights principles;

AND WHEREAS the Constitution of India under Article 37 and 253 provides for principles of
equality, fairness and the rule of law to be fundamental in the governance of the country such
that all individuals are subject to fair treatment, protection against refoulment and have the
right to seek asylum under Article 21 of the Constitution of India;

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows:–

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement. – (1) This Act may be called the Refugee
Short title, and Asylum Seekers (Protection) Act, 2024.
extent and
commencement (2) It shall extend to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. Definitions. – In this Act, unless the context otherwise requires, —
Definitions.
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(a) "asylum seeker" means a person who has left their country of origin and is seeking
international protection but whose claim for refugee status has not yet been
determined;

(b) “applicant” means an asylum seeker who has filed an application for asylum after
entering into India, as per Section 6 of this Act;

(c) “country of origin” means the country of nationality of the refugee or asylum
seeker;

(d) "family members" includes the spouse, dependent children, and other dependent
relatives of the refugee or asylum seeker;

(e) "persecution" includes threats to life, liberty or security, torture, cruel, inhuman or
degrading treatment or punishment, and other forms of serious harm or violation of
human rights;

(f) "refugee" means any person–

(i) who, owing to a well-founded fear of persecution for reasons of race, religion,
nationality, membership of a particular social group or political opinion, is
outside the country of their nationality and is unable or, owing to such fear, is
unwilling to avail themselves of the protection of that country; or
(ii) who, have been displaced from their country of origin due to adverse effects of
climate change, disasters, or other environmental factors, or a combination
thereof, which pose a serious threat to their life, sustainability, or physical
integrity; or
(iii) who, was forced to depart from their country of origin due to serious and
indiscriminate threat to their life, physical integrity, or freedom resulting from
armed conflict, violence from foreign country, internal conflicts, or grave
disruption of public order.

Illustration – If a person flees from their country of origin to save their life from an
escalating civil war between the government and a rebel group, then such a person
qualifies to be recognized as a refugee.
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CHAPTER II
DETERMINATION OF REFUGEE STATUS

3. Persons to be recognized as refugees. – (1) A person shall be recognized as a

refugee for the purpose of this act, if they meet either of the criteria specified in clause
(f) of section 2.
Provided that the conditions specified in clause (f) of section 2 occur, during or after
the individual has left their country of origin.
(2) In determining whether a person qualifies as a refugee, the following factors shall
be taken into account:
(a) the circumstances prevailing in the country of origin;
(b) the personal circumstances of the applicant, including factors such as age,
gender, health, member in a social group;
(c) relevant documentation or other evidence presented by the applicant;
(d) the credibility of the applicant's statements and any inconsistencies or
omissions therein;
(e) the possibility of internal relocation within the country of origin.
(3) The dependents of an individual who qualifies as a refugee under sub-section (1)
shall also be deemed refugees under this Act.

Explanation I - In cases where a person qualified as a refugee holds more than one
nationality, their “country of origin” shall refer to each of the countries of which they
hold nationality.

First Exception – Individual involved in acts of crime - An individual shall be

excluded from being recognized as a refugee if the individual has been involved in
war crimes, or acts constituting a crime against peace or humanity as observed under
international law.

Second Exception – Individual is a perpetrator of non-political crime- An individual

shall be excluded from being recognized as a refugee if the individual has perpetrated
a grave non-political crime beyond the borders of India before their arrival on its
national territory.
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4. Cessation of refugee status. – (1) A person shall cease to be a refugee if:

(a) they have voluntarily re-availed themselves of the protection of the country of
their nationality; or
(b) they have acquired a new nationality and enjoy the protection of the country
of their new nationality; or
(c) the circumstances in connection with which they were recognized as a refugee
have ceased to exist; or
(d) they have acquired Indian citizenship.

5. Cancellation of refugee status. – (1) The refugee status of person shall be deemed to
be cancelled under this Act if:
(a) it is discovered that the eligibility criteria to be a refugee under Section 3 of
the Act were not satisfied at the time of initial determination in granting
refugee status; or
(b) it is discovered that the person is excluded from protection under the Act as
per the exceptions under Section 3, which was not applied of initial
determination in granting refugee status.

CHAPTER III
PROCEDURE FOR REFUGEE STATUS

6. Application for Asylum – (1) An individual may make an application to be

recognized as a refugee for protection under this Act, upon satisfying the criteria
under sub-section (1) of Section 3.
(2) The application for asylum may be submitted by the asylum seeker, or his legal
representative or any other person on his behalf, in such form and manner, as may be
prescribed, to the Commissioner of Refugees.
Provided that a written consent is attached with the application for asylum by the
person submitting the application on his behalf.
(3) An application for asylum under sub-section (1) must be submitted to the
Commissioner of Refugees within ninety days from the date on which the asylum
seeker entered into India.
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Provided that the Commissioner of Refugees may extend the said ninety period for
making an application for asylum in cases where there is sufficient reason preventing
the asylum seeker from submitting the application.
(4) No asylum-seeker shall be detained or penalized, solely for illegal entry or stay in
India, during the pendency of determination of refugee status by the Commissioner of
Refugee.

7. Determination of Application for Asylum– (1) The Commissioner of Refugees shall

review and examine the applications for asylum submitted under Section 6, to
determine whether the applicant is eligible to be granted the status of a refugee.
Provided that the applicant was not denied the opportunity of being heard and
necessary inquiry was conducted by the Commissioner of Refugees to come to its
decision.
(2) The asylum seeker shall receive necessary facilities from the Commissioner of
Refugees, including interpretation services if needed, and a fair chance to present
evidence before the Commissioner of Refugees.
(3) If the Commissioner of Refugees rejects the application for asylum, then the
applicant shall be given an opportunity to appeal to the Refugee Committee within 30
days from the date on which such denial was communicated or notified.
(4) The reasons for rejecting an applicant shall be provided in writing by the
Commissioner of Refugees, along with a copy of the decision.
(5) If the asylum seeker is granted refugee status, they shall be informed accordingly
and issued all the requisite documentation certifying their refugee status.

8. Right to Legal Representation – (1) Every asylum seeker or refugee has the right to
be represented by legal representative of their choosing.

(2) If the asylum seeker lacks the financial resources to hire a legal practitioner, the
Commissioner shall appoint a legal representative knowledgeable in refugee law,
upon request made by the asylum seeker, with the State bearing the associated costs.

CHAPTER IV
CONSTITUTION OF AUTHORITIES
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9. Appointment of Authorities – (1) For the implementation of this Act, the President shall
appoint:
(a) The Commissioner of Refugees;
(b) The Deputy Commissioners of Refugees, as may be necessary; and
(c) Other officers as may be necessary, after consultation with the Commissioner of
Refugees;
(2) For the implementation of this Act, a Refugee Committee shall also be established,
constituting the following members:
(a) Chairperson of the Refugee Committee who shall be a retired Supreme Court Judge;
(b) Two sitting or retired High Court Judges; and
(c) Two independent members with knowledge and expertise in refugee law.
Provided that the Chairperson and all members constituting the Refugee Committee shall be
appointed by the President in consultation with the Chief Justice of India.

10. Qualifications and Tenure of Authorities – (1) The Commissioner of Refugees shall be a
sitting or retired High Court Judge.
(2) The Deputy Commissioners of Refugees shall be appointed from among persons qualified
to be appointed as High Court Judges,
(3) The Commissioner of Refugees and the Deputy Commissioner of Refugees shall be
appointed only after consultation with the Chief Justice of India, and shall hold office for a
period of three years from the date of their appointment.
(4) The Chairperson and members of the Refugee Committee must have qualifications as
required under sub-section(2) of Section 9 and shall hold office for a period of three years
from the date of their appointment.

11. Appeals – (1) The decision of the Commissioner of Refugees in granting or rejecting
application for asylum shall be final, and any appeal against such decision shall lie only with
the Refugee Committee, which shall act as the Appellate Board for reconsideration of the
decision.

CHAPTER V
RIGHTS AND OBLIGATIONS

12. Principle of non-refoulment. – (1) Notwithstanding any other provisions in this Act
or any law currently in effect, no refugee or asylum seeker shall be denied entry into
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India, nor be expelled, extradited, or deported back to their country of origin under
any conditions, except as specified in this Act.
Provided that there is no reason to believe that the refugee or asylum seeker is a threat
to the sovereignty and integrity of India, nor do they fall under the exception as
provided under Section 4.

13. General rights of Refugees and Asylum Seekers – (1) Every person who is granted
the status of a refugee by the Commissioner of Refugees shall be entitled to be issued
identity and travel documents for the purpose of residing in any place in India, to
move freely within the territory of India and, to travel outside and back into the
territory of India.
Provided that there is no reason to believe that the travel outside India is not a threat
to public order and national security
(2) Refugees and asylum seekers shall be entitled to fundamental rights guaranteed
under the Constitution of India, including but not limited to the right to life and
liberty, equality, non-discrimination and fair treatment.
(3) Refugees and asylum seekers shall have the right to free and compulsory
education, healthcare, and livelihood opportunities on par with Indian citizens.
Provided that rights extended to refugees and asylum seekers will not, at any time and
circumstance, exceed the rights granted to citizens of India.
(4) No refugee or asylum seeker shall be arbitrarily detained or subjected to inhuman
or degrading treatment.
(5) No refugee or asylum seeker shall be subject to discrimination based on race,
religion, sex, nationality, ethnicity, affiliation with a specific social group, or political
association.
(6) An asylum seeker shall be entitled to a temporary identity document enabling him
to continue his stay in India and enter employment during pendency of the decision of
the Commissioner of Refugees regarding their application for asylum.

14. Obligations – (1) Except as provided for in this Act, all refugees or asylum seekers
within India:
(a) Shall enjoy the rights and observe the obligations arising from the international
conventions ratified by India; and
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(b) Shall be subject to all the laws of the land, in force at that time.
Provided that they are not inconsistent with the provisions of this Act.

CHAPTER VI
MISCELLANEOUS

15. Act to have overriding effect – (1)The provisions of this Act shall have effect not
withstanding anything inconsistent therewith contained in any other law for the time
being in force.

16. Power to remove difficulties. – (1) If any difficulties arise in implementing this Act,
the Central Government can issue orders, published in the Official Gazette.
(2) Any such order must be placed before both Houses of Parliament as soon as
practicable.

17. Power of the Central Government to make rules. – (1) The Central Government
may, by notification in the Official Gazette, make rules for carrying out the provisions
of this Act