Author
The derogation from the non-refoulement principle
Law No. 89 of 1960 on the Entry and Exit of Foreigners in Egypt, particularly Articles 25, 26, 27, 29, and 31, grants government authorities broad powers to arrest and deport foreign nationals without providing adequate safeguards to protect their rights. This poses a contradiction to Egypt’s international obligations, which prohibit the return of individuals to countries where they may be at risk of persecution or serious violations. Furthermore, Decree No. 444 of 2014 provides legal cover for the arrest, detention, and prosecution of refugees and individuals transiting through Egypt for being present in areas classified as military zones, exposing them to further risk of human rights violations.[1]
According to various human rights reports, arbitrary stops and arrests of refugees and migrants frequently occur in specific areas, such as certain neighborhoods in Greater Cairo and Alexandria, where security checkpoints target individuals based on racial appearance or nationality. Sudanese, Ethiopians, Eritreans, and Somalis are particularly affected, and are stopped in the streets or on public transportation and asked to show identity documents or residency permits. In many cases, even when refugees present UNHCR-issued refugee cards, they face arbitrary detention or are transferred to police stations for further screening.[2]
The Legislative Framework for Forced Return
Before the enactment of Asylum Law No. 164 of 2024, there was no specific domestic legislation regulating the status of refugees in Egypt or explicitly providing them with legal protection against forced return. Refugee protection from deportation remained linked to international agreements signed by Egypt, such as the 1951 UN Refugee Convention and the Convention Against Torture.
Although Article 91 of the Egyptian Constitution provides for the right to political asylum and prohibits the extradition of refugees, this commitment was not clearly reflected in practice. Egyptian legislation before 2024 did not contain any explicit provisions prohibiting forced return or providing adequate safeguards to protect refugees from arbitrary deportation.
Although Article 13 of the Asylum Law prohibits the forced return and expulsion of refugees, earlier pieces of legislation were not consistent with Egypt’s international and constitutional obligations in this regard, which led to legal gaps that made refugees vulnerable to deportation without sufficient judicial review. Legal codes allowing forced return including the following:
Law No. 89 of 1960 on Foreign Nationals’ Entry and Residency Law grants the Minister of the Interior broad discretionary powers to deport foreigners without providing sufficient judicial safeguards to challenge deportation decisions. This law did not contain any special exceptions for refugees or asylum seekers, exposing them to forced return without effective legal review.[3]
Law No. 82 of 2016 on Combating Migration and Smuggling of Migrants introduced the concept of “safe return,” an ambiguous term that can be used to justify forced return without sufficient legal safeguards. The law did not reference any mechanisms that would allow asylum seekers to challenge deportation decisions, which increases the likelihood of their removal without a legal opportunity to defend their rights.
Law No. 22 of 2022 introduced amendments to the Anti-Illegal Migration Law, but these amendments did not include any provisions prohibiting forced return. On the contrary, they expanded the powers of executive authorities, enabling, for instance, the Ministry of Foreign Affairs to carry out deportations without legal mechanisms for reviewing these decisions.
Article 31 bis of the Foreign Nationals’ Residency Law granted the Director of the Passport, Immigration and Nationality Authority the power to deport foreigners whose residency had expired, without setting clear conditions or legal safeguards to review these decisions. This led to the arrest and subsequent forced return of asylum seekers who were unable to renew their residency due to circumstances beyond their control, such as delays in the processing of their applications or the lack of official documentation.[4]
Asylum Law No. 164 of 2024, Article 13, prohibits the forced return or deportation of refugees to their country of origin or previous country of residence, the law does not provide full and comprehensive protection from forced return, and suffers from several shortcomings,[5] most notably:
Exclusion of asylum seekers whose claims are still pending: Article 13 limits protection to recognised refugees and does not include asylum seekers whose claims are still under review, exposing them to the risk of deportation before obtaining full legal protection as refugees. It was necessary for the article to stipulate that asylum seekers may not be deported to their country of origin or any country where they may face danger, until the procedures for determining their legal status are completed.
Lack of adequate guarantees prior to deportation: Article 7 states that the Permanent Committee for Refugee Affairs shall issue a decision either granting refugee status or rejecting the application. In the event of rejection, the committee informs the competent authority in the ministry responsible for implementing the deportation.
The article does not require the competent authority to follow clear legal procedures before carrying out the deportation, such as:
- Granting the right to appeal the rejection decision and preventing deportation until all means of appeal have been exhausted.
- Allowing the asylum seeker to travel to another country to submit an asylum application there.
- It did not guarantee protection from forced return or return of the asylum seeker to a country where they may face persecution or danger to their life.
It was necessary for the law to clearly state the prohibition of deporting asylum seekers to the country of their nationality or the country from which they fled due to persecution, to ensure that the law is in line with the principle of non-refoulement set out in the 1951 Refugee Convention.
Forced Return in practice
Despite the constitutional framework and international obligations upholding the principle of non-refoulement, the practical reality in Egypt reveals the absence of effective legal protection for refugees and asylum seekers. Forced return is eventually carried out through various mechanisms,[6] including:
Pushbacks from the border to dangerous areas:
After the outbreak of armed conflict in Sudan, the Egyptian authorities closed the border to some asylum seekers and returned them by force to areas of conflict, in direct violation of the principle of non-refoulement under Article 33 of the 1951 Refugee Convention.
Based on deportation orders by the Minister of the Interior:
Under Law No. 89 of 1960 on the Entry and Residency of Foreign Nationals, the Minister of the Interior is granted the power to issue deportation orders for security reasons without judicial oversight, resulting in the enforcement of arbitrary deportation decisions without sufficient legal safeguards.
Based on security decisions:
The Egyptian authorities adopt a controversial mechanism of arbitrarily detaining foreigners and refugees, justified by pretexts such as “security control,” or during their release process followed by accusations in civil or military cases. Detainees are then transferred to the Passport and Immigration Authority or the National Security Sector to make a deportation decision without legal safeguards or judicial review.
The ways in which forced returns are carried out include land return to neighbouring countries (such as Sudan), forcing families to purchase plane tickets to non-bordering countries, or coordination with the embassies of countries of origin, including those experiencing conflict, to implement the deportation. Human rights reports have documented numerous cases of Sudanese, Syrian, Eritrean, and Yemeni asylum seekers being deported without being given the opportunity to appeal or access legal representation, in clear violation of the principle of non-refoulement set out in international agreements.
Forcing refugees to sign “voluntary return” forms:
In some cases, asylum seekers are forced to sign voluntary return forms under pressure, depriving the process of its truly voluntary nature.
[1] The Refugee Platform in Egypt, ‘Harsher Penalties and (Undocumented) Migration: Legal Crossroads and Everyday Problems’, March 2022, available here
[2] The Refugee Platform in Egypt, ‘What should you know as a migrant during the ongoing security crackdown’, January 2025, available here
[3] The Refugees Platform in Egypt, ‘Legal analysis paper on Cabinet Resolution No. 369 of 2023 establishing the Fund for the Protection of Victims, Whistleblowers, and Witnesses’, available here
[4] Law by Law No. 88 of 2005, available here
[5] The Refugees platform in Egypt and the Egyptian Initiative for Personal Rights: ‘Joint Policy Brief on the Asylum Bill’, available here
[6] Investigation: Inside Egypt’s secret system for detaining and deporting thousands of Sudanese refugees, the Refugees Platform in Egypt and The New Humanitarian, April 2024, available here