FAQs

A. FILING AN APPEAL CASE

Appeal cases shall be filed at the Board's Head Office at Maendeleo House, 7th Floor and DRS Offices along General Mathenge Rd for urban cases and at the DRS Offices in Kakuma and Dadaab for asylum seekers who are based in the camps. The appeals will be received by the RAB Registrar or Registrar Assistants or the Board's DRS contact officers who will enter the cases in the register and issue appointment slips in line with Form RAB 2. The appointment slips state the details of the appellant, the purpose of the appointment i.e. mention or hearing, and the venue of the case.

Any asylum seeker who has received a rejection, or cancellation or withdrawal of status letter from the Commissioner for  Refugee Affairs

The appellant is the asylum seeker who has filed an appeal while the respondent is the Commissioner for Refugee Affairs (CRA) whose decision is being appealed.

An appellant must complete an appeal application form (Form RAB 1) stating grounds of appeal,  attach a copy of the rejection letter from Commissioner for Refugee Affairs (CRA) and any other relevant documentary or electronic evidence in support of the appeal.

The forms are issued from any of the RAB offices or available on the downloads page.

An Appeal case should be filed within a period of 30 days from the date of receiving the decision/rejection from the Commissioner for Refugee Affairs.

The asylum seeker has to seek permission to file out of time by attaching a letter on the appeal application giving a reasonable explanation for late filing

An appeal can be filed either by the asylum seeker or through a representative.

Yes, through a guardian or next friend. The guardian or next friend who has to complete and file proof of authority to act. (Form RAB 3).

Yes, Through duly appointed guardian.  The duly appointed guardian has to complete and file proof of authority to act. (Form RAB 3).

B. APPEAL HEARINGS

Appeal Hearing sessions for urban cases shall be conducted at the RAB Head Office while those of Appellants at the Kakuma Camp and Dadaab Camp shall be conducted at the Kakuma DRS Office and Dadaab DRS Office respectively.

RAB proceedings are conducted in English and Swahili. Accredited translators are provided to assist Appellants in communication when necessary.

The Appellant can argue his/her case by him/herself but retains the right to be represented by an advocate or any representative who has a better understanding of the appeal process and the Appellant's case. Organizations such as RCK can also offer legal representation to an appellant.

RAB may adjourn the hearing to another date or may opt to dismiss the case depending on the circumstances of each case.

RAB can either confirm or set aside the decision of the Commissioner for Refugee Affairs.

C. FINAL DECISION

RAB can either confirm or set aside the CRA’s decision. A decision notification form (FORM RAB 8) stating the final decision shall be issued to the appellant and served upon the CRA, UNHCR and the Principal Secretary for the Ministry responsible for refugee affairs. The decision has to be read in the presence of the Appellant and/or their representative. Any party dissatisfied with RAB’s decisions is at liberty to appeal to the High Court within 30 days.

It means Refugee Appeal Board has agreed with the decision/rejection issued by the Commissioner for Refugee Affairs (CRA).

It means Refugee Appeal Board (RAB) has disagreed with the decision of the Commissioner for Refugee Affairs (CRA) to deny the appellant’s application and shall direct the CRA to grant the application.

D. GENERAL INFORMATION

  • RAB addresses appeals arising from the decisions of the Commissioner for Refugee Affairs ONLY.
  • All Services offered by RAB are FREE.
  • Appellants have a right to access records of their files at all times.
  • The Appointment Slip issued to the Appellant shall be construed as a proper document for identification purposes