Mandate
The Appeal Tribunal for Refugees and Applicants for Refugee Status is an independent quasi-judicial institution established under Law No. 042/2024 of 19 April 2024 governing Refugees and Applicants for Refugee Status in Rwanda.
The Tribunal provides an independent and impartial mechanism for reviewing eligible decisions concerning refugee status made at first instance. It is mandated to consider appeals brought by refugees and applicants for refugee status who are dissatisfied with decisions taken by the competent authority in accordance with the law.
The Tribunal operates with legal personality, independence, and administrative and financial autonomy, in accordance with the applicable legal framework. Its mandate is to promote fair, effective and timely determination of appeals while upholding due process, access to justice and respect for the rights and dignity of persons seeking international protection.
Core Functions
The Appeal Tribunal performs the following key functions:
1. Hear and determine appeals
To receive, examine and determine appeals against eligible decisions on refugee status made at first instance, in accordance with applicable laws and procedures.
2. Ensure fair and impartial review
To provide an independent and impartial forum in which appellants have an opportunity to present their case and have their appeal considered in accordance with the law.
3. Review decisions on refugee status
To examine the facts, evidence and applicable law relevant to an appeal and determine whether the challenged decision should be upheld, varied, set aside or otherwise dealt with as provided by law.
4. Uphold due process and procedural fairness
To ensure that appeals are handled transparently, fairly and in accordance with established procedures, while respecting the rights of appellants and other parties to proceedings.
5. Promote consistency and quality in decision-making
To contribute to consistency, clarity and quality in the interpretation and application of Rwanda’s refugee and asylum laws through well-reasoned decisions and the development of coherent jurisprudence.
6. Apply national, regional and international refugee law
To determine appeals in accordance with Rwanda’s applicable legal framework and relevant regional and international instruments relating to refugee protection to which Rwanda is a party.
7. Safeguard access to an effective remedy
To provide an accessible appellate mechanism through which eligible applicants and refugees can challenge decisions concerning their refugee status. Under the 2024 law, a person dissatisfied with a Tribunal decision may further challenge it before the competent court within the period prescribed by law.
8. Promote timely resolution of appeals
To manage and determine appeals efficiently and within the applicable legal and procedural timelines, while ensuring that efficiency does not compromise fairness or the quality of decision-making.
9. Strengthen refugee protection and the rule of law
To contribute to a credible, accountable and rights-based refugee status determination system by ensuring that appellate decisions are made independently, impartially and in accordance with the law.
10. Promote professional standards and continuous improvement
To strengthen institutional capacity, case management, legal research and professional development, and to collaborate with relevant national and international stakeholders on refugee and asylum law and practice.
Jurisdiction
The Tribunal’s jurisdiction is defined by Rwanda’s refugee and asylum legislation and related legal instruments. Its principal function is to hear appeals arising from eligible first-instance decisions concerning refugee status.
The Tribunal is distinct from the authority responsible for determining refugee status at first instance. The current legal framework assigns first-instance refugee status determination to the competent authority, while the Appeal Tribunal provides the appellate mechanism for challenging eligible first-instance decisions.
The Tribunal therefore forms a critical part of Rwanda’s refugee status determination system, providing an additional layer of independent review and strengthening procedural safeguards for refugees and applicants for refugee status.
Commitment to Independence and Fairness
In carrying out its mandate, the Appeal Tribunal is guided by the principles of independence, impartiality, fairness, due process, confidentiality, accessibility, professionalism and respect for human dignity.
The Tribunal is committed to ensuring that every eligible appeal is considered on its merits, based on the applicable law and evidence, and that parties to proceedings are treated with dignity and procedural fairness.
Through the effective exercise of its mandate, the Appeal Tribunal contributes to strengthening confidence in Rwanda’s asylum system and ensuring access to an effective appeal mechanism for persons seeking international protection.