Date of publication:
03/10/2026
Somalia
Do domestic laws and policies provide complementary international protection statuses?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland provide for alternative protection mechanisms for individuals who do not meet the strict refugee definition but still require international protection. The Somalia Refugees and Asylum Seekers Law and The Puntland Refugee Protection Law grants individuals whose asylum claims are denied the possibility of obtaining temporary legal status under national immigration laws, particularly when deportation is not possible due to humanitarian concerns. Somaliland’s Refugees and Asylum Seekers Law also allows for humanitarian protection status in specific cases where individuals face risks that do not fall under the traditional refugee framework. These provisions align with international refugee protection norms, ensuring that vulnerable individuals who do not qualify as refugees can still receive legal status and protection.
Related provisions of domestic law or policy
Puntland Refugee Protection Law
- Year: 2016
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 14 - Legal Immigrant Status
Any person whose application for refugee status and asylum has been rejected in accordance with this Law shall be deemed to be a legal immigrant and shall be dealt with in accordance with the provisions of the Immigration laws of Puntland unless such person has been accorded a mandate refugee status by UNHCR pending his resettlement or relocation by UNHCR to another country within a specified period.
Article 4 - Declaration of prima facie refugee
The Minister may, if it is evident that a class of persons qualifies to be refugees under Article 3 of this Act, declare that class of persons to be prima facie refugees or such other related declaration as prescribed by regulation.
Somalia Refugees and Asylum Seekers Law
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 12 - Group Recognition, Mass Influx, and Temporary Protection
1. The Head of the Agency may declare that a specific group of individuals meets the criteria for refugee recognition under Article 11, even if they have not individually applied for refugee status. 2. If the Head of the Agency issues such a declaration, they must formally notify the relevant governmental and non-governmental agencies and the individuals concerned. 3. An individual excluded from the group declaration may still apply for refugee status under this law. 4. In case of a mass influx of asylum seekers into Somalia, the Head of the Agency, in consultation with the Minister of Interior, shall issue a directive allowing their temporary stay in Somalia without requiring an immediate individual refugee status determination. 5. Such temporary protection shall remain valid for two years from the date of issuance or until the conditions causing the mass influx cease. 6. The withdrawal of temporary protection does not prevent any individual from applying for refugee status under this law. 7. Individuals granted temporary protection shall have the same rights and freedoms as asylum seekers and refugees recognized under this law