Asylum and refugee status in the Philippines

The DOJ-RSPPU leads the refugee and stateless status determination procedure in the Philippines. Its current rules are set by DOJ Circular No. 024, series of 2022, titled Strengthening the Refugees and Stateless Persons Protection Unit, Enhancing the Rules for Refugee and Stateless Status Determination, which replaced Circular No. 058 of 2012 and was published in August 2022. Executive Order No. 163, series of 2022, set up an Inter-Agency Council that coordinates protection services for refugees, asylum seekers and stateless persons; the Bureau of Immigration is a member. The Supreme Court has confirmed that the 2022 Circular applies to all cases pending with the RSPPU.

The Circular provides a regular and an accelerated procedure. A protection officer of the RSPPU interviews the applicant; interviews may be held by videoconference. The burden of proof rests in principle on the applicant, who must give an accurate and full account and submit the evidence reasonably available, but establishing the facts is a shared duty: the protection officer must actively help clarify the claim, for example by providing translation or asking the DFA to contact foreign states, and assess credibility against conditions in the country of origin.

The RSPPU must decide within 90 days of the last interview. If the applicant asks for reconsideration, the decision on that request is due within 60 days of receiving it or of the last re-interview. The unit can also re-examine a granted status on its own initiative where facts justify cancellation, revocation or cessation, giving the person at least 15 days to explain and deciding within 90 days.

From filing until the decision is final, applicants have the right to legal counsel; to be informed of and have access to the procedure; to be interviewed, as far as possible, in a private, secure and confidential setting; to take part in a language they understand, with an interpreter if needed; to have access to UNHCR; and to protection from forcible return to a country where they may face persecution because of race, religion, nationality, membership of a particular social group or political opinion. The Circular expressly recognises the principle of non-refoulement.

A decision of the RSPPU denying an application, or denying a request for reconsideration, can be appealed to the Office of the President under the 2022 Circular. Before 2022 only judicial review was mentioned; cases have also reached the Court of Appeals and the Supreme Court, which in Sabir v. DOJ-RSPPU sent a case back to the unit for proper fact-finding.

Contact the DOJ Refugees and Stateless Persons Protection Unit in Manila to lodge a claim and ask about the current filing procedure. Applicants have the right to contact UNHCR during the procedure and to be assisted by a lawyer. Immigration matters such as visas and stays are handled by the Bureau of Immigration, which participates in the Inter-Agency Council under EO 163.