A Cabinet meeting that sat last week appointed the leadership of the newly established Refugee Appeal Tribunal, a key step toward operationalising the entity that will hear appeals from refugees who are dissatisfied with decisions regarding their status.

The appointments were announced following a Cabinet meeting held on March 4. The tribunal will be led by two co-presidents, supported by four members and a registrar.

The establishment of the tribunal stems from a 2024 law governing refugees and applicants for refugee status in Rwanda, which introduced a specialised body to review decisions related to refugee status.

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It will serve as an independent body responsible for reviewing appeals from people who contest decisions made by the Directorate General of Immigration and Emigration (DGIE) concerning refugee status.

Speaking about the tribunal’s mandate, Senior State Attorney Valence Ntukanyagwe Buhura, told The New Times that the body was created to ensure fairness and oversight in the refugee status determination process.

Under the current legal framework, the DGIE is responsible for making first-instance decisions regarding refugee applications. These decisions may include granting refugee status, denying it, or revoking previously granted status. Anyone dissatisfied with such decisions has the right to appeal before the tribunal.

He said that previously, appeals were handled differently. Under the 2014 refugee law, appeals were placed under the authority of the minister responsible for refugee affairs. The new law establishes a specialised tribunal with administrative and financial autonomy, strengthening the independence and credibility of the appeal process.

Before adopting specific refugee legislation, Rwanda’s refugee protection system was largely guided by international instruments, particularly the 1951 Convention Relating to the Status of Refugees.

Buhura added that the situation changed in 2014 when Rwanda enacted a law relating to refugees, which introduced detailed provisions aligned with international refugee law.

The law clarified important principles, including non-refoulement, cessation and exclusion clauses, revocation of refugee status, family unity, and the socio-economic rights of refugees. It also established the National Refugee Status Determination Committee, responsible for examining applications for refugee status.

However, as time passed, evolving realities and administrative reforms prompted the government to revise the legal framework, leading to the adoption of the 2024 refugee law, which introduced a more structured appeal mechanism through the Refugee Appeal Tribunal.

What the tribunal does

According to the Presidential Order governing the tribunal, the body is supervised by the Ministry of Justice and its decisions are made by a bench composed of three members. If a member of the bench cannot continue examining a case for any reason, they may be replaced to ensure continuity in the proceedings. The tribunal is supported by a registry composed of a registrar and other staff members responsible for administrative functions and case management.

The co-presidents play a central role in coordinating the tribunal’s work. Their responsibilities include supervising tribunal activities, designating members of the bench hearing each appeal, ensuring decisions are made impartially and based solely on evidence, and ensuring compliance with international refugee law and humanitarian protection principles. They may also determine other places in the country where the tribunal may sit if necessary and oversee the adoption of internal rules and regulations governing the tribunal.

The tribunal provides a structured process for people wishing to challenge decisions regarding their refugee status. An appeal must be submitted in writing within 30 days of receiving the decision being contested.

Once the appeal has been submitted, the tribunal examines the case and is required to issue its decision within six months from the date of referral. The decision must be communicated to the appellant in writing within seven days after it is made.

During the process, appellants may appear before the tribunal in person or be assisted or represented by a lawyer.

If an applicant is not satisfied with the decision of the tribunal, they may still seek further legal remedy by filing a claim before a competent court within 30 days from the date they were notified of the tribunal’s decision. During this period, the refugee or applicant for refugee status has the right to remain in Rwanda until the court makes a final determination.

The Cabinet appointed Edda Mukabagwiza and Jean Damascène Rusanganwa as co-presidents of the tribunal. Prior to his appointment, Rusanganwa served as Director of Citizen Services at the Directorate General of Immigration and Emigration.

Mukabagwiza, on the other hand, previously served as Deputy Speaker of Parliament and as Rwanda’s High Commissioner and Ambassador to Canada and Cuba. Between 2003 and 2006, she served as Minister for Justice and Institutional Relations.