Appeal Process

Appeal Process

The appeal process offers a relief for persons aggrieved by decisions of the Commissioner for Refugee Affairs. In executing its mandate provided under section 11 (4) of the Refugees Act 2021, the Refugee Appeal Board (also the Refugee Status Appeals Committee) shall hear and determine appeals against any decision of the Commissioner for Refugee Affairs regarding:

a. the rejection of individual application for refugee status;

b. the cancellation, revocation and termination of refugee status.

Section 14 of the Refugees Act 2021 provides for the appeal process when a person is aggrieved by the decision of the Commissioner for Refugee Affairs and later by the decision of the Refugee Appeal Board, including the general timelines for the processes. The Board equally has its own Regulations which operationalize the Refugees Act 2021 regarding the appeal process.

The Act and the Regulations have been put in place to ensure due process is followed during appeals and that genuine asylum seekers are accorded the justice and protection they deserve.

The Appeal Process has been further explained in the illustration below:

Picture depicting a person filling a form.

The Refugee Appeal Board Appellate Process

  • 1. Appellant file appeal
    An Appellant files an appeal at the Refugee Appeal Board (RAB) within thirty (30) days of receiving the decision from the Commissioner for Refugee Affairs' either rejecting the individual application for refugee status or cancelling, revoking or terminating the refugee status.
  • 2. Appointment Slip
    The Registrar receives the appeal and issues the Appellant an Appointment Slip. The appointment slip is renewed at every mention or hearing for the duration of the appeal.
  • 3. Serve the Commissioner for Refugee Affairs
    The Registrar serves the Commissioner for Refugee Affairs (CRA) within seven (7) days of receiving the appeal case.
  • 4. Filing of response
    The Commissioner for Refugee Affairs files a response within twenty one (21) days of being served by the Refugee Appeal Board's Registrar.
  • 5. Case hearing
    The Appeal Case is heard and determined by the Refugee Appeal Board within one hundred and eighty (180) days. During the appeal case, an appellant may be represented by a legal representative or any other authorized representative. The appellant is also at liberty to request for interpretation assistance where he/she is not fluent in either English or Kiswahili.
  • 6. Refugee Appeal Board Decision
    The Refugee Appeal Board Decision is issued to the appellant either confirming or setting aside the Commissioner for Refugee Affairs' decision.
  • Appeal to The High Court of Kenya
    Where an appellant is aggrieved by the decision of the Refugee Appeal Board, he/she has thirty (30) days to lodge an appeal at the High Court of Kenya.
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Appellants Rights

  • Right to confidentiality
  • Issuance of an Appointment Slip
  • Right to Legal Representation
  • Right to access assistance by an interpreter
  • Request for the adjournment of their matter
  • Right to withdrawal of the matter
  • Appeal the Refugee Appeal Board's decision at the High Court