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Urubuga rwemewe rwa Leta y’u Rwanda

Appeal Process

Seven stages for the Appeal Process:

File Appeal → Registration & Preliminary Review → Notification → Examination → Hearing (if required) → Decision → Further Legal Remedy

The Appeal Tribunal provides an independent and impartial mechanism for reviewing eligible decisions concerning refugee status. The appeal process is designed to ensure that appellants have an opportunity to present their case and that appeals are considered fairly, efficiently and in accordance with Rwanda’s applicable laws and procedures.

1. Filing an Appeal

An eligible appellant may initiate an appeal against a first-instance decision within the timeframe prescribed by law. Appeals are submitted online through the Rwanda Integrated Electronic Case Management System (IECMS), together with the required information and supporting documents.

2. Registration and Preliminary Review

Once an appeal is submitted, the Tribunal registers the case and conducts the necessary preliminary review to determine whether the appeal meets the applicable filing and procedural requirements.

Where additional information or documentation is required, the appellant may be requested to provide it within the prescribed timeframe.

3. Notification of the Parties

The relevant parties are notified of the appeal and the subsequent steps in the proceedings in accordance with the applicable procedures.

The appellant may be required to respond to issues raised during the proceedings or provide additional information relevant to the determination of the appeal.

4. Examination of the Appeal

The Tribunal examines the appeal based on the applicable law, the first-instance decision, the evidence and information contained in the case file, and any additional material that may properly be considered under the applicable procedures.

The Tribunal considers whether the decision under appeal was made in accordance with the law and whether the relevant facts, evidence and circumstances were properly considered.

5. Hearing, Where Required

Where a hearing is required under the applicable procedures, the appellant and other relevant parties may be given an opportunity to participate and present their submissions.

Appellants should comply with any directions issued by the Tribunal concerning hearings, documents, evidence, interpretation or other procedural requirements.

6. Consideration and Decision

After examining the appeal and all relevant material, the Tribunal makes its determination in accordance with the applicable law.

The decision is issued in accordance with the Tribunal’s procedures and communicated to the appellant and other relevant parties.

7. Further Legal Remedy

Where an applicant for refugee status is not satisfied with a decision of the Appeal Tribunal, Article 16 of Law No. 042/2024 provides for the possibility of filing a claim before the competent court within 30 days from the date of notification of the Tribunal’s decision. The law further provides for the applicant’s right to remain in Rwanda after filing such a claim until the Appeal Tribunal renders its irrevocable decision.

Rights of Appellants Throughout the Process

Appellants are expected to have access to a fair and impartial appeal process. They should:

  • Be informed of relevant procedural requirements and decisions concerning their appeal;
  • Have an opportunity to present relevant facts, evidence and submissions;
  • Receive appropriate information regarding the progress and outcome of their case;
  • Respect the applicable filing deadlines and procedural directions;
  • Have access to legal assistance or representation where available and in accordance with applicable procedures.

Legal Assistance

Appellants who require legal assistance may seek representation from Prison Fellowship Rwanda, subject to the organisation’s applicable procedures and availability of services.

Important

The appeal process is governed by Law No. 042/2024 of 19 April 2024 governing Refugees and Applicants for Refugee Status, the Presidential Order governing the Appeal Tribunal, and the Tribunal’s applicable Rules of Procedure. Where there is any difference between this website information and the applicable legislation or Rules of Procedure, the legal instruments prevail.