Immigration Law and Refugees: An Assessment of Nigeria’s Legal Framework for Refugee Protection Under the Refugees (Control) Act

📖 ABSTRACT/OVERVIEW

Nigeria hosts a significant and growing refugee population, including refugees from the Lake Chad Basin conflict zone and regional instability in Central and West Africa, yet its legal framework for refugee protection operates under the outdated Refugees (Control) Act 1967, which predates the 1951 Refugee Convention and its 1967 Protocol by domestic incorporation. This study assesses Nigeria's legal framework for refugee protection, examining the adequacy of the Refugees (Control) Act 1967, its compatibility with Nigeria's international obligations under the 1951 Convention, the 1969 OAU Refugee Convention, and the UN High Commissioner for Refugees operational standards. A doctrinal methodology is applied, reviewing the Refugees (Control) Act, applicable provisions of the Immigration Act 2015, the Foreigners Act, and UNHCR Nigeria country operation reports from 2019 to 2023. The study evaluates the Act's non-refoulement protections, refugee status determination processes, documentation rights, and freedom of movement provisions. Available refugee law literature from Nigeria identifies the lack of a national refugee status determination authority, absence of integration pathways, and limited access to documentation as the dominant protection gaps. The 1951 Refugee Convention Framework and the UNHCR Handbook on Refugee Status Determination provide the normative reference. Recommendations address urgent enactment of a Refugee Act aligned with international obligations and establishment of a national refugee determination commission. Keywords: refugee protection, immigration law, Refugees Act, UNHCR, Nigeria.

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Departments# Public Law