Procedure for Granting Refugee Status

Alien: Any person not a Philippine citizen.
Application: A claim filed by an alien for refugee status.
Applicant: An alien applying for refugee status, including spouse and dependent children under 18.
Act: Refers to Commonwealth Act No. 613, Philippine Immigration Act of 1940.
Government: Government of the Republic of the Philippines.
Secretary: Secretary of the Department of Justice.
Bureau: Bureau of Immigration.
Commissioner: Commissioner of the Bureau of Immigration.
UNHCR: United Nations High Commissioner for Refugees.

Establish a fair, open, effective, and expedited process for refugee status determination.
Comply with Philippine laws, international commitments, and humanitarian traditions.

Non-refoulement: No applicant or refugee shall be expelled or returned to countries where their life or freedom is at risk due to race, religion, nationality, social group membership, or political opinion.
No punishment for illegal entry/presence if the applicant promptly notifies authorities and/or has valid reasons.
Promote and preserve family unity.

Granted to applicants with well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion.
Applies to those outside their country of nationality unable or unwilling to seek protection.

Applicants already granted refugee status and protection in another country.
Applicants previously denied refugee status unless presenting new substantive information.

Applications can be filed at entry or later.
Must be filed with the Secretary, Bureau central or field offices at entry points.
Applications must be in prescribed form, under oath, triplicate copies, with thumbprint.
Attach passport-size photographs, travel documents, identity proofs, and relevant certificates for dependents.

Secretary reviews completeness and conducts an interview to verify the application.
Commissioner suspends deportation/exclusion cases against the applicant upon due course.
Provisional release from detention may be granted, subject to recognizance or bond.
Applicants have rights to counsel, interpreter, private interviews, and UNHCR access.
Applicants bear the burden of proving their claims.

Secretary decides within 30 days after the last interview unless further inquiry is needed.
Decisions are written; disapprovals include reasons and are furnished to applicants.
Disapproved applicants may be removed or allowed to stay; deportation cases reactivated.
Approved applicants and their qualified dependents may receive Alien Certificates and Certificates of Residence.

Applicants may file a motion for reconsideration within 15 days after adverse decision.
Only one motion allowed; Secretary acts within 15 days on the motion.
Judicial appeal possible after denial of reconsideration.
Decisions become final if no timely motion or appeal.

Refugee status revoked for willful misrepresentation after investigation.
Status ceases if refugee voluntarily re-avails protection of nationality or previous residence country, or acquires new nationality protecting them, with exceptions for persistent persecution.

Refugees convicted of serious offenses considered dangers to the community shall be removed after serving sentence.
Perjury in applications is punishable under the Revised Penal Code and can lead to revocation.

Application information is confidential; only used for status determination or penalty enforcement.
Information may be shared with UNHCR.
The Secretary may cooperate with UNHCR in implementing these Rules.

Repeals earlier issuances conflicting with these Rules.
Effective 15 days after publication in a newspaper of general circulation in the Philippines.