Date Posted: 10/20/2012 6:51:34 AM
Posted By: warira Membership Level: Gold Total Points: 1095
Woe unto you if you are found to be staying illegally in one’s country. You risk being deported back to the your country that you would not want to return to. Am sure when you want to visit someone in a far place you notify them in advance of your intentions so that they make arrangements to accommodate you. This should be no different when you are going into another country. This may not always be the situation as some unforeseen circumstances may force you to flee for safety in another country. When this happens you acquire a new title, that of ‘ an asylum seeker’. This is a term that most people do not understand as they understand it to mean a refugee. An asylum seeker and a refugee may seem to mean the same thing but in the real sense they are different.The United Nations Convention relating to the status of refugees defines a ‘refugee’ as a person who is outside their own country and is unable or unwilling because of their race, religion, nationality, membership to a particular social group or political opinion. Whereas an asylum seeker is someone who claims to be a refugee but this has not been proved. For instance most people flee their countries where their freedom of speech, religion are limited in such a way they cannot air their views without being condemned or being persecuted.The ministry of Immigration and Registration of persons deals with issues relating to refugees in Kenya. The United Nations convention relating to refugees provides for the rights of the individuals as well as the government’s responsibilities in granting the asylum. Additionally the International Covenant on Civil and Political rights; Convention against torture; International Covenant on Economic Social Political and Cultural Rights and the Convention on the Rights of the Child help in protecting the refugees and asylum seekers.Seeking Asylum is not an easy this as one has to undergo a certain process. The Refugee Act of Kenya outlines the process as follows:1. Once you enter the country report to the UNHCR offices where you make the application. Where you and your family will be photographed as you go through the interview.2. You are given a movement pass so that you can go for registration at the refugee camps. You are also given a ration card so that you can be given food at the refugee camps.3. Refugee status is determined. This is done to assess whether one as an asylum seeker meets the legal definition of a refugee hence qualifying for protection or assistance by the international community. This is usually done by UNHCR officers.4. The information collected during the interview is put in a file where a panel goes through it. The panel usually take a minimum of six months to arrive at their decisions though this may take a longer period.5. Once the panel deems you qualified; you are given a Protection certificate. This is the legal document that gives you status as a refugee in the country.This is one difficult process and may end up being rejected. Being rejected is not the end of the road as one has two chances to appeal. The first appeal is done within 30 days after being rejected by putting this intention into writing. The appeal is handled by a different panel of UNHCR officers. If one is not satisfied with the panel’s decision one can take the matter to the High Court.It is important to go through the above so that you can be registered and acquire a refugee identity card. This identity is valid for five years. The process is necessary as this ensures you are not taken back to your country in which you risk persecution (principle of non-refoulment)
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