Seeking asylum in Chad

Law No. 027/PR/2020 of 31 December 2020 applies to every refugee or asylum seeker in Chad without discrimination on grounds of gender, race, religion, nationality, political opinion, social group or country of origin. It follows the refugee definitions of the 1951 Convention and the 1969 OAU Convention. In a mass influx, the CNARR may determine refugee status collectively, so that each member of the group is considered a refugee unless proven otherwise. Persons who committed crimes against peace, war crimes, genocide or crimes against humanity, serious non-political crimes abroad, or acts contrary to the aims of the African Union and the United Nations are excluded.

An asylum seeker is a person who, explicitly or implicitly, expresses the wish for protection to the nearest administrative authorities or to the CNARR within 90 clear days of entering Chad; later claims may be examined at the discretion of the eligibility sub-commission when there was force majeure. A person already in Chad when protection by the country of origin is lost can also apply. The request and the record of the statements or interviews are sent to the Permanent Secretary of the CNARR, and the applicant receives an asylum-seeker certificate valid for six months, which serves as a residence permit and is renewed until the final decision.

Each family member’s status is determined individually, but spouses and minor children accompanying or joining a recognised refugee receive the refugee status of that family member if they do not qualify themselves.

The eligibility sub-commission meets at least four times a month and decides by simple majority, with UNHCR attending as an observer. Its decisions are reasoned and notified to the applicant and to UNHCR by the Permanent Secretary; decisions granting refugee status are confirmed by an order of the Minister in charge of Territorial Administration.

Chad does not penalise refugees for irregular entry or stay if they report to the authorities within 90 days and give valid reasons. Asylum seekers and refugees holding a provisional document enjoy, like nationals, freedom of movement, residence, public assistance, health care, education, access to the courts and freedom of religion. Recognised refugees receive a refugee identity card that serves as a residence permit, civil status documents and a Convention travel document, and have access to primary, secondary, vocational and higher education on the same basis as nationals. Refugees and asylum seekers must respect Chadian law and refrain from political activities in the country.

No refugee may be expelled or returned to a territory where their life or freedom would be threatened, except on serious grounds of national security or after a final conviction for a particularly serious crime. An expulsion decision can be referred to the Administrative Chamber of the Supreme Court.

A refused applicant may appeal to the appeals sub-commission within 30 days of notification. The applicant is heard in a confidential session, may be assisted by counsel of their choice at their own cost, and receives an interpreter if needed. The appeal allows the applicant to remain in Chad until the final decision, which is confirmed by ministerial order and notified to the applicant and UNHCR within 30 days; a further appeal in cassation remains possible.