A Deep Dive into Egypt’s New Refugee and Asylum Seeker Law no. 164/2024
By Lauren Williams, Senior Counsel
 
According to the United Nations High Commission on Refugees (UNHCR), there were 822,701 refugees or asylum seekers residing in Egypt, hailing from 59 different countries of origin. However, this statistic does not accurately reflect the financial and social impact of neighboring crises driving refugees to Egypt, as UN registration requirements result in underreporting. As such, it became necessary for Egypt to establish a legal framework for the processing and documentation of refugees, without prejudice to Egypt’s international obligations and the treaties to which it has acceded.
Law no. 164/2024 established the Permanent Committee on Refugee Affairs. The Committee is responsible for the following:
· Issuing decisions on asylum requests
· Liaising with the UNHCR, in coordination with Egypt’s Ministry of Foreign Affairs
· Coordinating with the Egyptian administrative authorities to provide support and services
Asylum requests can be submitted to the Committee by the asylum seeker or his/her legal representative, and the Committee is obligated to issue its decision within six months. Law no. 164/2024 defines refugees as “foreigners outside of their country of citizenship or usual residence for a reasonable justification based upon their serious, justifiable fear of exposure to persecution due to race, religion, citizenship, belonging to a certain social group, or political opinions; or because of foreign aggression, occupation or other events that seriously threaten public security in their country of citizenship or usual residence; as well as all stateless people outside of their usual country of residence due to any of those circumstances, and are unable or unwilling, as a result of such serious fear, to return to their country”.
While Egypt has taken significant steps to streamline the refugee registration process, national security remains the top priority.
Anyone who has committed a serious crime before entering Egypt, is reasonably thought to have a committed a war crime or a crime against humanity, has committed an act against UN principles, has harmed national security or public order, or is listed on Egypt’s list of terrorists and terrorist organizations as per Law no. 8/2015 is barred from seeking asylum in Egypt.
Similarly, the Committee can revoke refugee status from individuals who have obtained refugee status under false pretenses, are proven to have committed an offense that would ordinarily prevent the granting of refugee status, or who participate in political or union activity or commit acts that harm Egypt’s national security.
Refugees also lose their status within 15 days if they do any of the following:
· Return voluntarily to their country of citizenship or usual residence
· Become Egyptian citizens or acquire another citizenship
· No longer have a justified fear of persecution and refuse to accept their country’s protection
· Are repatriated to a third-party country
· Leave Egypt for six months without an excuse accepted by the Committee
In this case, the Committee is entitled to request that the Interior Ministry deport individuals who can no longer be classified as refugees.
Refugee Rights
Refugees have the right to obtain a passport issued by the Egyptian Interior Ministry, unless the Committee decides that a refugee is ineligible for national security considerations.
They are also protected from forced repatriation, without prejudice to Egypt’s right to relocate refugees to third-party countries. Freedom of religion is granted to all refugees, but freedom of religious practice is limited to believers in the Abrahamic faiths. Despite the prohibition on political activity, refugees are permitted to join NGOs and serve on their boards.
There are no refugee-specific prohibitions on refugees’ ownership of property; and they are subject to the same provisions governing other foreigners in this regard.
Refugees can also establish companies and join existing companies as shareholders.
Most importantly, refugees have the right to receive appropriate medical care.
Education
Refugee children have the right to a basic education, and those who hold educational certificates from abroad are entitled to have such certificates recognized.
Employment
Refugees are entitled to work in Egypt upon obtaining a temporary permit from the Interior Ministry, even in independent professions governed by syndicates, such as the legal and medical professions. If syndicate membership is required to practice a profession, a refugee must submit a recognized degree/certificate from his country of origin in order to be allowed to practice that profession in Egypt. Employers may be discouraged from hiring refugees because the law imposes a penalty of at least six months’ detention and/or a fine of EGP 50-100k for anyone who employs or temporarily hires a refugee without informing the police precinct where the workplace or job site is located.
Marriage, Divorce, and Custody
In matters of personal status, refugees are governed by the law of their country of citizenship. Stateless persons are subject to the law of their previous country of usual residence.
Taxes and Finances
Refugees are exempted from taxes, court fees, and governmental fees, with the exception of refugee documentation fees. However, the law permits the Committee to request that the Interior Ministry consider exempting refugees from such fees as well.
Domestic and International Travel and Relocation
Refugees have freedom of movement within Egypt but are required to notify the Committee of any changes in their permanent address. They also have the right to voluntarily return to their country of origin.
Commentary
Law no. 164/2024 provides a general framework for the granting of refugee status and refugee rights in Egypt. However, there are some matters that remain unclear. Refugees’ right to education is without prejudice to the existing legislation governing foreigners ‘education in Egypt. Many refugees do not have the financial resources to enroll in private schools, and public school enrollment is limited to Sudanese, Libyan, Saudi, and Jordanian nationals.
Also, the efficiency and viability of the law’s provisions, in concert with the existing UNHCR regulations cannot be determined until the Executive Regulations to the law are issued. It is not clear how refugees in Egypt will be treated if they are granted refugee status by the UNHCR but do not meet the qualifications for refugee status under Egyptian law, particularly as the law is without prejudice to Egypt’s obligations under international treaties.
Still, the law has several advantages in that it will reduce potential arbitrary deportations of refugees and asylum seekers, provide a parallel path to seek refugee status in Egypt for those unable to meet the UNHCR requirements, and ensure that the burgeoning number of refugees does not threaten Egypt’s security.