Author
Resettlement is one of the durable solutions available to refugees in cases of heightened vulnerability. It involves transferring the refugee from the first country of asylum to a third country that provides permanent protection and better living conditions. Before the adoption of Asylum Law No. 164 of 2024, the UNHCR-handled resettlement procedures, in coordination with the governments of receiving countries.[1]
Resettlement is not an automatic right. It is a selective process based on the criteria set by UNHCR, and it aims to target specific groups exposed to serious risks in the country of asylum, such as survivors of violence or persecution, or individuals with particular needs.
To apply for resettlement, the refugee must be registered with UNHCR and hold either an asylum seeker certificate or a refugee card issued by UNHCR in Egypt. The agency reviews the files of those registered to identify individuals eligible for referral to resettlement programmes. If selected, the refugee is contacted to undergo detailed interviews that include a legal assessment and an evaluation of protection needs. If accepted into the programme, UNHCR coordinates with the receiving country to complete medical examinations and security interviews, followed by arrangements for departure.
Current Practice:
Before adopting the asylum law, Egypt’s approach to resettlement was based on its international obligations, including the 1951 Refugee Convention and the 1954 Memorandum of Understanding signed with UNHCR. But these frameworks did not guarantee refugees’ access to social protection or social security, which meant that for many vulnerable individuals, resettlement remained one of the few available options for a safer and more stable future. Moreover, resettlement states apply their own criteria for accepting resettled refugees, which render the process long and complex, with limited opportunities due to the global shortfall in available resettlement places.
2024 Asylum Law:
Under the new law, the Permanent Committee for Refugee Affairs is the competent authority to coordinate refugee transfers to another country, in cooperation with the relevant international agencies, as defined by the executive regulations. According to Article 26, resettlement is not an automatic right, but rather a procedure subject to legal and administrative criteria set by the competent committee in consultation with international organizations, particularly UNHCR.
Article 33 further states that resettlement is one of the grounds for termination of refugee status. A refugee is considered to have exited the scope of protection granted in Egypt once transferred to a third country that grants them permanent residence or nationality.
Under these provisions, the implementation of resettlement remains subject to procedures to be defined by the executive regulations. Therefore, practical details, such as selection criteria, the role of international organizations, and coordination mechanisms between Egyptian authorities and receiving states, will depend on forthcoming executive decisions. This reflects a legislative approach that allows Egyptian authorities to retain control over the management of asylum and resettlement in line with state policy and what is described as national security requirements.