Date of publication:
01/07/2026
Somalia
Do domestic laws and policies prohibit the penalization of asylum-seekers and refugees for irregular entry or presence?
Assessment by population
Analysis
The Federal Government of Somalia and Somaliland’s domestic laws uphold the principle of non-penalization for asylum-seekers and refugees who enter the country irregularly. The Somalia Refugees and Asylum Seekers Law and The Puntland Refugee Protection Law explicitly states that asylum-seekers cannot be prosecuted, detained, or penalized solely for entering the country without authorization if they present themselves to authorities and apply for asylum. Similarly, Somaliland’s Refugees and Asylum Seekers Law guarantees that asylum-seekers will not face legal penalties for irregular entry, provided they seek asylum without delay. These provisions are in line with Article 31 of the 1951 Refugee Convention, ensuring that individuals fleeing persecution are not treated as illegal migrants but as persons in need of 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 9.9 - Recognition of a Refugee
No person claiming to be a Refugee within the meaning of Article 3 shall merely, by reason of illegal entry, be declared a prohibited immigrant, detained, or penalized in any way, save as provided for under Article 36.
Somaliland Refugee Protection Law
- Year: 2023
- 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 44 - Exceptions of punishment from the asylum seeker for his presence in the country
An asylum seeker shall not be punished for his illegal entry or stay in the country if he presents himself to the authorities without delay and shows good cause for his illegal entry or presence.
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 10 - Prohibition of Legal Action Against an Applicant in Certain Situations
1. No individual or any member of their family shall face legal action for being in Somalia illegally if: - They have submitted a formal application for recognition as a refugee under Article 8 and a decision has not yet been made, including exhausting their right to appeal under Article 31. - They are ultimately recognized as a refugee.