EVALUATION OF THE PROCESS AND EFFECTIVENESS OF THE DETERMINATION OF REFUGEE STATUS IN NIGERIA: A FOCUS ON PART IV OF THE NATIONAL COMMISSION FOR REFUGEES, MIGRANTS, AND INTERNALLY DISPLACED PERSONS ACT 2022

This paper evaluated the process and effectiveness of refugee status determination in Nigeria, focusing on Part IV of the National Commission for Refugees, Migrants, and Internally Displaced Persons (NCFRMI) Act 2022. Nigeria’s asylum system was shaped by international refugee law, especially the principle of non-refoulement in Article 33 of the 1951 Refugee Convention, which prohibits returning individuals to places where they risk persecution. In line with these obligations, Nigeria established the NCFRMI in 1989, and the 2022 Act reinforced the legal framework for refugee protection. Part IV introduced key bodies like the Eligibility Committee, responsible for assessing asylum claims, and the Refugee Appeal Board, which reviewed rejections. Despite these improvements, the paper identified key gaps. The Act lacked detailed guidelines for evaluating claims, leaving too much discretion to committee members and risking inconsistent or biased decisions. The process also sometimes led to family separations, breaching the principle of family unity. Moreover, the 30-day deadline for rejected applicants to leave the country, as stated in Sections 16(8) and 18(2), often forced vulnerable individuals into unsafe migration routes, undermining non-refoulement. To strengthen the system, the paper recommended standardised procedures and clear eligibility criteria aligned with UNHCR best practices, along with better support for rejected applicants, such as temporary protection and broader appeal options. In conclusion, while Nigeria’s legal framework reflected international standards, procedural weaknesses reduced its effectiveness. The paper called for reforms to Part IV of the Act, backed by adequate resources and oversight, to ensure a fair and humane refugee status determination process.