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Individual Asylum and Refugee Status

Guinea-BissauHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Guinea-Bissau Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Individual refugee status determination under Law No. 6/2008, applying the 1951 Refugee Convention/1967 Protocol definition (well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion) on a case-by-case basis, as distinct from the group-based prima facie mechanism under the same law.

See recorded sources
  • UNHCR RIMAP, Guinea-Bissau Laws & Policies, Law No. 6/2008
    This law applies to any person who benefits or requests to benefit in Guinea-Bissau from the Refugee Status, in accordance with the Geneva Convention of July 28, 1951, relating to the Refugee Status, along with the Protocol of January 31, 1967, relating to the Status of Refugees, and the African Union Convention of September 10, 1969, which governs the aspects related to refugee issues in Africa.

Which population, circumstances or geographic group does the mechanism cover?

The individual mechanism covers any person seeking or benefiting from refugee status in Guinea-Bissau under the 1951 Refugee Convention, its 1967 Protocol or the 1969 OAU Refugee Convention. The national law includes people with a well-founded fear of persecution for race, religion, nationality, membership of a social group or political opinion; people compelled to leave by aggression, external occupation, foreign domination or events seriously disturbing public order; and people recognised as refugees under UNHCR's mandate.

See recorded sources
  • Law 6/2008, article 1
    A presente lei aplica-se a qualquer pessoa que beneficia ou requer para beneficiar na Guiné-Bissau, do Estatuto de Refugiado
  • Law 6/2008, article 2(1)(a)
    Receando com razão de ser perseguida pelo facto da sua raça, da sua religião, da sua nacionalidade, de pertencer a um certo grupo social ou suas opiniões politicas
  • Law 6/2008, article 2(1)(c)
    Foi reconhecida Refugiada sob o mandato do UN- HCR.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

An individual asylum request is lodged directly with the CNRD through its Executive Secretariat. At the border it may be lodged with the sectoral or regional delegation of the Foreigners and Borders Service, which records personal data and reasons and refers the applicant to the CNRD. An irregular entrant may present to the CNRD within six months and explain the irregular entry or stay.

See recorded sources

What happens after the request: registration, family handling, major support and rights where officially stated?

The border service records the applicant’s personal data and reasons and refers the case to the CNRD. The applicant completes a CNRD form, may submit all available evidence and is interviewed confidentially. During the process the applicant remains free to circulate. On the eighth day after registration or filing, adults receive a filing certificate equivalent to temporary-stay authorisation; minors are attached to the certificate of a parent, guardian or other responsible person. The document is valid for six months and renewable until a final decision.

See recorded sources

Which competent authority, UN body or official assistance channel should the person use?

The competent national channel is the National Commission for Refugees and Internally Displaced Persons (CNRD), through its Executive Secretariat. At a border, the request may be lodged with the sectoral or regional delegation of the Foreigners and Borders Service, which records the applicant and refers the request to the CNRD.

See recorded sources
  • Law 6/2008, article 15(1)
    O pedido de Estatuto de Refugiado é introduzido, junto da CNRD através do seu Secretariado Executivo
  • Law 6/2008, article 15(2)
    Nas fronteiras, o pedido de Estatuto de Refugiado é introduzido junto das Delegações Sectoriais

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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