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Mr. Anthony Omondi Osino vs. FRRO

Date : 16/07/2010

This case is an example of the courts protecting the right of asylum seekers. The court clearly stated that while an asylum seeker has outstanding decisions pending with the UNHCR the State may not deport them.

Case Details and Status

The applicant was an asylum seeker who had applied to the UNHCR for refugee status. His claim had been rejected and the Foreigners Regional Registration Office intended to deport him. Meanwhile, the applicant had an outstanding appeal lodged with the UNHCR to reconsider his case and was awaiting a decision. The court declined to examine the merits of his case, but instead based their decision on procedural grounds. They relied on a letter from the UNHCR to Mr. Osino which set out the time-frame for the appeals process. The letter stated that Mr. Osino could expect a decision on his appeal within 30 days of its submission.

The Court stated that whilst the appeal is pending, and for two weeks thereafter, the FRRO could not deport the petitioner.

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