Ali Zuweid's Political Programme · Proposed legislation · State, Constitution, Justice, Rights and Governance

Asylum and Protection of Refugees and Stateless Persons Law

A unified national framework for access to asylum, refugee status determination, complementary and temporary protection, and non-refoulement; regulation of refugees' and asylum-seekers' rights and documents; and a clear legal procedure for identifying and protecting stateless persons.

Prepared by: Ali Zuweid

Document number: POL-18
Version: 1.0
Publication / last updated: 6 October 2026
Scope: Republic of Iraq

Executive Summary

The proposal replaces the narrow framework of the Political Refugees Law No. 51 of 1971 with a comprehensive protection system covering asylum based on persecution, complementary protection against serious harm, temporary protection in mass-influx situations, and statelessness determination procedures. It establishes non-refoulement as an independent safeguard applying at borders, during asylum applications, and in removal and extradition proceedings.

The proposal preserves the existing institutional structure within the Ministry of Interior rather than creating a new authority. It renames the Standing Committee for Political Refugee Affairs, expands its mandate and adds a specialised statelessness unit. It also transforms fragmented administrative registration into a unified federal procedure with an immediate government document, an individual interview, decision deadlines, a reasoned decision, and administrative and judicial appeals that suspend removal.

The Law distinguishes "refugee status" from constitutional "political asylum": the former is a general protection system based on a modern definition of persecution, while the latter is a specific form of political protection subject to the prohibitions in Article 21 of the Constitution. In neither case does denial of status automatically authorise returning someone to torture, arbitrary killing or other irreparable serious harm.

On statelessness, the proposal establishes, for the first time, a defined administrative process to determine that no State considers a person its national. Priority is given to verifying whether the person is already Iraqi. Identity, residence and travel documents are issued, and access to nationality is facilitated under the Nationality Law, without this Law automatically conferring nationality.

Constitutional and legal context

The Iraqi Constitution provides for the right to political asylum to be regulated by law and prohibits the extradition of a political refugee to a foreign authority or forcible return to the country from which the refugee fled. It also makes nationality, naturalisation, residence and the right to political asylum matters of exclusive federal jurisdiction. This requires a single national framework in which fundamental protection does not vary by governorate or region.

The existing legislative framework continues to rely on the Political Refugees Law No. 51 of 1971. The Ministry of Interior issued Instructions No. 4 of 2024 to facilitate its implementation. These allow applications through the Standing Committee, embassies and consulates, border crossings or the Residence Affairs Directorate, and have reactivated the Standing Committee's role. A joint government-led process began on 26 April 2026 to register asylum-seekers in central and southern Iraq, Kirkuk and Nineveh and issue government documents to them.

Despite this development, the original law remains based on the concept of the "political refugee" and does not itself provide a complete framework for non-political persecution, complementary protection, refugee influxes or statelessness determination. The Ministry of Migration and Displacement Law governs the Ministry's assistance and solutions functions, but does not replace procedural legislation determining who qualifies for protection, who decides and how decisions may be challenged.

Legislative Gap

The central gap is that protection in practice has developed faster than the law. Government registration, documents, administrative instructions and cooperation with UNHCR exist, but the legislative basis remains narrower than the situations actually reaching Iraq. This creates risks of differential treatment by nationality or place of residence, or of applying the Foreigners' Residence Law before a person has a genuine opportunity to seek asylum.

Stateless persons lack a clear, independent procedure establishing their status and identifying the authority responsible for examining the laws of States with which they may have a nationality link and issuing residence and protection documents. This absence increases the likelihood of remaining trapped in undocumented status, detention or attempted removal to a State that does not consider the person a national.

Proposed legislative policy

Area	Proposed Direction
Institutional structure	Develop the existing Standing Committee within the Ministry of Interior rather than establish a new authority.
Access to asylum	The right to seek protection at the border and within Iraq without a visa requirement, deadline or complete documentation.
Non-refoulement	An independent prohibition on direct or indirect return to persecution, torture or serious harm.
Status determination	An individual interview, interpreter, country-of-origin information, a reasoned decision and an effective appeal.
Complementary protection	Legal status for people facing serious danger who do not meet the refugee definition.
Temporary protection	A flexible group-based mechanism for mass influxes, while retaining the right to apply individually.
Stateless persons	An independent status determination procedure, identity, residence and travel documents, and priority for establishing Iraqi nationality where the person is entitled to it.
Rights	Education, healthcare, work, access to justice, documents and protection from exploitation within national systems.
Detention	Liberty is the rule; detention is a judicial exception. Children may not be detained for immigration reasons.
Durable solutions	Voluntary return, legal integration, resettlement and complementary pathways without coercion.

Draft Asylum and Protection of Refugees and Stateless Persons Law

In the name of the people

Pursuant to the Constitution, and for the purpose of regulating the right to asylum; protecting refugees, asylum-seekers and stateless persons; ensuring non-refoulement; and unifying registration, status determination, documentation, rights and durable solutions procedures, the following Law is enacted:

Part One — General provisions and principles

Article (1) — Title

This Law shall be called the "Asylum and Protection of Refugees and Stateless Persons Law" and shall serve as the general framework for asylum applications, refugee status determination, complementary and temporary protection, statelessness determination procedures, and the associated rights and safeguards.

Article (2) — Objectives

The Law aims to establish a unified, fair and effective national system of international protection; implement constitutional safeguards concerning political asylum and non-refoulement; define clear legal statuses for refugees, asylum-seekers and stateless persons; prevent arbitrary detention and deportation; and regulate durable solutions in a manner that preserves Iraq's sovereignty and human rights.

Article (3) — Federal jurisdiction

Nationality, naturalisation, residence and the right to political asylum fall within the exclusive jurisdiction of the federal authorities. This Law shall be implemented throughout the Republic of Iraq in administrative coordination with regional and governorate authorities, without creating conflicting protection systems or different legal statuses for persons in the same situation.

Article (4) — Interpretation

This Law shall be interpreted to ensure effective protection of the right to seek asylum, fairness in administrative procedures, non-refoulement, family unity and the best interests of the child, consistently with the Constitution, international treaties in force for Iraq and rules of international law binding upon it.

Article (5) — Non-discrimination

This Law shall apply without discrimination on grounds of race, colour, sex, language, religion, origin, nationality, ethnicity, political opinion, disability, age or any other status. No nationality or group shall be collectively denied access to asylum procedures.

Article (6) — Non-refoulement

No person shall, in any manner, be expelled, rejected, extradited, returned or transferred to a State or territory where there are substantial grounds for believing that the person would face persecution, torture, enforced disappearance, arbitrary killing or a real risk of irreparable serious harm. This prohibition applies before and after recognition of status, at borders and in extradition and removal proceedings.

Article (7) — Prohibition of indirect refoulement

The prohibition of refoulement includes transfer to a third State where it is reasonably foreseeable that the State would subsequently return the person to danger or would not provide effective protection and fair procedures.

Article (8) — Individual decisions

Protection shall be determined through individual examination of facts and risks. Collective rejection, cancellation of status or removal of a group solely on grounds of nationality, origin or manner of entry shall be prohibited.

Article (9) — Duty to cooperate

An applicant for protection shall present the material facts available and cooperate in good faith in establishing identity, travel route and grounds for the application. Lack of documents alone shall not be treated as evidence of dishonesty where a reasonable explanation is provided.

Article (10) — Definitions

An asylum-seeker means any person who has requested protection and whose application has not received a final decision; a refugee means a person recognised as such under this Law; complementary protection means protection against serious danger where the conditions for refugee status are not met; temporary protection means exceptional group-based protection in a mass influx; a stateless person means a person whom no State considers its national under the operation of its law; and the Committee means the Standing Committee for Asylum and Protection provided for in this Law.

Part Two — Competent authority and institutional governance

Article (11) — Continuity of the Committee

The existing "Standing Committee for Political Refugee Affairs" within the Ministry of Interior shall be renamed the "Standing Committee for Asylum and Protection". Its administrative identity, files, archives, rights and obligations shall continue without interruption.

Article (12) — Composition of the Committee

The Committee shall be chaired by a Senior Undersecretary or Undersecretary of the Ministry of Interior. Its members shall include representatives at Director General level or equivalent from the Ministries of Foreign Affairs, Justice, Migration and Displacement, Labour and Social Affairs, Health and Education, and the authorities responsible for nationality, residence and national security. A regional government representative shall participate in implementation matters within the region, without prejudice to federal jurisdiction.

Article (13) — International expertise

A representative of the United Nations High Commissioner for Refugees may be invited in an advisory, non-voting capacity. National or international experts in law, psychiatry, childhood, statelessness, interpretation and security may be consulted where necessary.

Article (14) — Powers of the Committee

The Committee shall register asylum applications; determine refugee status and complementary protection; take temporary protection decisions authorised by law; issue legal status documents; decide on cessation, cancellation and revocation; supervise statelessness determination procedures; and coordinate protection and services with the relevant bodies.

Article (15) — Executive office

A permanent executive office for the Committee shall be established within the Ministry of Interior to undertake registration, interviews, legal research, country-of-origin information, case management, documentation and implementation follow-up. It shall operate through centres, branches and mobile missions ensuring access in all governorates.

Article (16) — Statelessness unit

A specialised statelessness determination unit shall be established within the executive office to coordinate with nationality and civil status directorates, consulates and foreign authorities. Its establishment shall not transfer the power to grant nationality from the bodies legally competent to do so.

Article (17) — Protection units

Dedicated units shall serve unaccompanied children, survivors of gender-based violence, torture and trafficking, persons with disabilities and others requiring special procedural safeguards.

Article (18) — Independence of technical decisions

Status decisions shall be based on the law, the individual case file and reliable country-of-origin information. No security or political body may direct that protection be granted or denied. Security observations shall be disclosed to the Committee and subject to legal assessment and defence rights, subject to necessary protection of confidential sources.

Article (19) — Meetings and decisions

The Committee shall meet regularly to prevent application backlogs. An absolute majority of its members shall constitute a quorum, and decisions shall be taken by a majority of those present. Recognition, rejection and cancellation decisions shall be reasoned in writing, signed and open to appeal.

Article (20) — Annual report

The Committee shall publish an annual report covering application, decision, appeal and document numbers, processing times, temporary protection, statelessness and durable solutions, disaggregated by general data needed for planning. It shall not disclose identities or information endangering individuals or their families.

Part Three — Access to the territory and applications for protection

Article (21) — The right to seek asylum

Any non-Iraqi present in the territory of the Republic of Iraq, at a point of entry or in a transit area under its jurisdiction may seek asylum. Entry with a visa, lawful residence or submission within a specified period shall not be required.

Article (22) — Places of application

Applications may be submitted to the Committee or its branches, residence directorates, border crossing, airport and port administrations, Iraqi diplomatic and consular missions for referral to the Ministry of Interior under the applicable rules, or any security or judicial authority where the person clearly expresses fear of return.

Article (23) — Immediate referral

Any authority receiving an express or reasonably understood request for protection shall suspend removal or return procedures and refer the person to the competent authority within twenty-four hours, or at the first practical opportunity at a remote border crossing.

Article (24) — Access at the border

Entry shall not be refused in a manner exposing a person to refoulement. Where identity or security status requires verification, the person shall be admitted to the protection procedure under a proportionate legal measure that does not constitute punishment.

Article (25) — Irregular entry

An asylum-seeker shall not face criminal or administrative penalties for irregular entry or stay if the person presents to the authorities without unjustified delay and gives a reasonable explanation for the manner of entry. This shall not preclude liability for offences separate from the act of entry itself.

Article (26) — Documents not a prerequisite

Registration shall not be refused for lack of a passport, identity document or proof of residence. Available evidence may be requested, or identity recorded provisionally pending verification.

Article (27) — Family applications

Family members shall be registered together, while ensuring every adult's right to present independent protection grounds. A separate interview shall be conducted where necessary to protect privacy or identify violence or persecution within the family.

Article (28) — Oral applications

Oral or written applications shall be accepted in any language the applicant understands. The competent authority shall help the person put the application into the official form, and inadequate wording shall not be grounds for rejection.

Article (29) — Maritime and international transport cases

Where a person comes under Iraq's jurisdiction following rescue at sea, diversion of an aircraft or other means of transport, or a border incident, the same access and non-refoulement safeguards shall apply.

Article (30) — Information on rights

Immediately upon registration, an asylum-seeker shall receive information in a language the person understands on the procedure, rights, duties, deadlines, the right to a lawyer or representative, and the right to contact the United Nations High Commissioner for Refugees and authorised organisations.

Part Four — Registration and refugee status determination

Article (31) — Registration

The competent authority shall register the application on the day it is submitted wherever possible and issue a temporary document establishing asylum-seeker status and preventing arrest or removal solely on residence grounds while the application is under examination.

Article (32) — Basic information

Registration shall collect only necessary information on identity, family, previous or possible nationality, travel route, specific needs and contact details. Data unrelated to the lawful purpose shall not be collected.

Article (33) — Biometric data

Photographs, fingerprints and biometric data necessary to verify identity and prevent duplication may be collected in accordance with data protection law and technical safeguards. Biometric data shall not be used for purposes unrelated to protection or legitimate security without a legal basis.

Article (34) — Personal interview

Every adult applicant shall receive a confidential personal interview with a trained officer before a decision is made, unless status can be recognised on the case file without an interview.

Article (35) — Interpreter

A competent, impartial interpreter shall be provided free of charge if the asylum-seeker does not understand the interview language. The applicant may request an interpreter of a particular sex where reasonable protection grounds exist.

Article (36) — Legal representative

An asylum-seeker may engage a lawyer or legal representative at personal expense. Free legal assistance shall be provided to those unable to afford it in the cases specified by this Law and its regulations.

Article (37) — Time limit

The Committee shall decide an application within ninety days of completion of the principal interview. The period may be extended once or more where the facts are complex or external information is needed. Extensions shall not exceed a further ninety days in total, except in mass-influx situations pursuant to a published decision.

Article (38) — Priority

Priority shall be given to applications involving an unaccompanied minor, a detained person, a person at imminent risk, a family with urgent protection needs, or an application that appears eligible for rapid recognition.

Article (39) — Accelerated procedure

An accelerated procedure may be used for a straightforward or clearly repeated application, or where a safe country of origin is identified under strict criteria. It shall not curtail the rights to an interview, interpretation or judicial review, or result in return before a final decision.

Article (40) — Country-of-origin information

The Committee shall use up-to-date, multi-source country-of-origin information. Its methodology shall be reviewable, distinguish official from independent sources and consider differences in conditions between areas and groups.

Article (41) — Shared burden of proof

The applicant shall present the facts available, while the competent authority shall help establish elements the applicant cannot reasonably obtain. The applicant shall not be required to prove matters ordinarily impossible to document in a context of persecution.

Article (42) — Credibility assessment

Credibility shall be assessed in light of overall consistency, plausibility, country-of-origin information, personal circumstances, trauma, memory, age, education and culture. Minor discrepancies or delayed disclosure of a painful experience shall not, alone, be sufficient grounds for rejection.

Article (43) — Reasonable doubt

Where an applicant provides a coherent account, makes a genuine effort and no evidence seriously contradicts the account, the benefit of the doubt may be granted for facts inherently difficult to establish.

Article (44) — Persecution

Persecution means an act or combination of acts sufficiently serious by their nature or repetition to violate a fundamental right or place a person's life, liberty, safety or dignity at serious risk, whether committed by the State or a non-State actor whom the State is unable or genuinely unwilling to restrain.

Article (45) — Grounds of persecution

The fear must be linked to race, religion, nationality, membership of a particular social group or the person's actual or imputed political opinion. The ground need not be the sole motive for persecution.

Article (46) — Internal protection

An application shall not be rejected on the ground that the person could relocate within the country of origin unless access to that area is safe, lawful and practical, there is no risk of persecution or serious harm there, and settlement can reasonably be expected in light of the person's circumstances.

Article (47) — The decision

The decision shall set out the accepted facts, legal basis, risk assessment, reasons for acceptance or rejection, and appeal procedure and time limit. It shall be communicated to the asylum-seeker in a language the person understands or with an adequate translation of its substance.

Article (48) — Recognition of family members

Where a family member is recognised as a refugee, derivative status may be granted to the spouse, dependent children and other family members whose unity depends on that person, unless individual exclusion grounds exist. Their right to recognition in their own right shall remain intact.

Part Five — Confidentiality, evidence and security screening

Article (49) — Confidentiality of asylum files

Asylum application data, interviews and evidence shall be confidential and shall not be disclosed to the authorities or representatives of the country of origin, or any body through which the information could reach a person whom the applicant fears.

Article (50) — Contact with the country of origin

Authorities shall not contact the country of origin to verify information where doing so could disclose the asylum application or endanger the person or the person's family. A safe alternative means of verification shall be used.

Article (51) — Medical evidence

Medical and psychological reports shall be accepted as evidence but shall not be mandatory to establish torture or violence. An applicant may be referred for an independent examination, with consent, where necessary.

Article (52) — Protection of victims

A survivor of torture or sexual violence shall not be required to recount unnecessary details more than once. Interviews shall be conducted by trained officers with privacy safeguards.

Article (53) — Security screening

Proportionate security screening may be conducted to verify identity, exclusion grounds and security risks. It shall not delay issuance of the temporary document or justify automatic detention.

Article (54) — Classified security information

Where an authority relies on security information whose source cannot be disclosed, the applicant shall receive a sufficient summary to respond, unless a court determines that disclosure would create a specific risk that cannot be avoided by less restrictive means.

Article (55) — Data sharing

Data shall be shared with another body only for a necessary lawful purpose and to the minimum extent required. Access and sharing operations shall be logged, and data protection rules observed.

Article (56) — Record retention

Retention periods for files and biometric data shall reflect protection, security and acquired-rights purposes and be reviewed periodically. Unnecessary data shall not be retained indefinitely.

Part Six — Recognition, exclusion and political asylum

Article (57) — Recognition of refugee status

Refugee status shall be recognised for any person outside the country of nationality, or outside the country of former habitual residence if stateless, who has a well-founded fear of persecution on a ground specified in this Law and is unable or, owing to that fear, unwilling to avail themselves of that country's protection or return to it.

Article (58) — Multiple nationality

A person holding more than one nationality shall be recognised as a refugee only where effective protection is unavailable in all countries of nationality for reasons connected to the well-founded fear, unless failure to seek protection from one of them is justified.

Article (59) — Refugees sur place

Protection grounds may arise after departure from the country of origin because conditions change or the person undertakes lawful activity abroad. The Committee shall examine whether the risk is genuine and not contrived to abuse the system.

Article (60) — Exclusion for international crimes

Refugee status shall be denied to a person where there are serious reasons for believing that the person committed genocide, a crime against humanity, a war crime or a crime against peace under applicable international law.

Article (61) — Exclusion for serious crime

A person may be excluded where there are serious reasons for believing that, outside Iraq and before admission as a refugee, the person committed a serious non-political crime. An act shall not be considered political where its gravity and methods are manifestly disproportionate to a legitimate political objective.

Article (62) — Acts contrary to the purposes of the United Nations

A person shall be excluded from protection where serious grounds establish that the person committed acts gravely contrary to the purposes and principles of the United Nations. This ground shall be interpreted narrowly and applied individually.

Article (63) — Effect of exclusion

Exclusion shall not relieve authorities of the duty to assess the prohibition on return to torture, arbitrary killing or other irreparable harm. Where lawful removal is impossible, the person may be placed under lawful residence restrictions limited to what is necessary, or prosecuted where jurisdiction and evidence exist.

Article (64) — Constitutional political asylum

Political asylum is a special form of protection granted to persons persecuted for lawful political activity or opinion. The safeguards in this Law and the constitutional prohibition on extraditing a political refugee or forcibly returning that person to the country fled shall apply.

Article (65) — Bars to political asylum

Political asylum shall not be granted where constitutional prohibitions relating to international or terrorist crimes or harm to Iraq apply. These prohibitions shall be applied through a reasoned individual decision based on facts subject to judicial review. A foreign accusation alone shall not automatically trigger them where it is clearly arbitrary or serves a persecutory purpose.

Article (66) — Distinction between rejection and extradition

Denial of refugee status or political asylum shall not itself authorise extradition or removal. Every transfer abroad shall undergo an independent non-refoulement assessment and comply with the judicial rules governing extradition.

Part Seven — Complementary and temporary protection

Article (67) — Complementary protection

Complementary protection shall be granted to a person who does not qualify as a refugee but for whom there are substantial grounds to believe that return would expose the person to the death penalty, torture, inhuman treatment, enforced disappearance, or a serious individual threat to life or safety from widespread indiscriminate violence in armed conflict or an exceptional disaster accompanied by a collapse of protection.

Article (68) — Exclusion from complementary protection

A person may be excluded from complementary protection for committing an international or serious crime, or presenting a real and specific security threat. The absolute or non-derogable prohibition on return to torture or irreparable harm shall remain applicable.

Article (69) — Duration of complementary protection

Complementary protection shall be granted for two years, renewable while the risk persists. Before expiry it shall be reviewed through a simplified procedure that does not reopen the entire case without reason.

Article (70) — Rights under complementary protection

A complementary protection holder shall enjoy the fundamental refugee rights concerning residence, work, education, healthcare, documentation and family unity. Some travel and durable-solution conditions may differ as provided by law.

Article (71) — Declaration of temporary protection

On the Committee's proposal, the Council of Ministers may declare temporary protection when large numbers arrive because of conflict or serious collapse that makes immediate individual examination impractical. The decision shall specify the group, scope, duration, rights and registration mechanism.

Article (72) — Individual asylum unaffected

Temporary protection shall not prevent an individual refugee status application based on specific grounds. Examination may be scheduled according to institutional capacity, provided that the person's right is not lost.

Article (73) — Duration of temporary protection

Temporary protection shall last no more than one year and may be renewed by a reasoned decision if its grounds persist. The need for it shall be reviewed periodically.

Article (74) — Ending temporary protection

Temporary protection shall end only after conditions in the country of origin have been assessed and a reasonable period provided to move to another legal status, seek individual protection or return voluntarily and safely.

Article (75) — Protection in disasters

Temporary humanitarian residence may be granted following an environmental or health disaster or temporary collapse that does not qualify for complementary protection, where immediate removal would be inhumane or impractical. Such residence shall not constitute recognition of refugee status.

Article (76) — No accumulation of statuses

A person shall have one principal protection status recorded in the register. This shall not prevent enjoyment of a stronger statutory safeguard where applicable.

Part Eight — Documents, residence, freedom of movement and travel

Article (77) — Asylum-seeker document

At registration, an asylum-seeker shall receive a temporary government identity document valid throughout the application and appeal proceedings, bearing a unified number and allowing electronic verification of authenticity.

Article (78) — Asylum-seeker residence

The asylum-seeker document shall constitute a lawful basis for temporary residence. Its holder shall not be required to obtain a visa or pay a residence fine for the period it covers.

Article (79) — Refugee card

A recognised refugee shall receive a residence and identity document valid for three years, renewable while status continues. Public bodies shall accept it as proof of legal status.

Article (80) — Complementary protection card

A complementary protection holder shall receive a residence and identity document matching the protection period and renewable with it.

Article (81) — Stateless person document

A person determined to be stateless shall receive a residence and identity document identifying that legal status without derogatory descriptions or confusion with Iraqi nationality.

Article (82) — Freedom of movement

Refugees, stateless persons and complementary protection holders shall enjoy freedom of movement and residence within Iraq under the general rules applicable to foreigners. Movement shall not be restricted on account of status except for a specific individual security necessity subject to appeal.

Article (83) — Asylum-seeker movement

An asylum-seeker may move within Iraq subject to registration and notification conditions prescribed by regulations. The person shall not be permanently confined to one governorate where this prevents work, treatment, education or family reunification.

Article (84) — Travel documents

The competent authorities shall issue travel documents to refugees and stateless persons lacking a valid national passport, under security and technical standards prescribed by regulations, unless serious individual security grounds exist.

Article (85) — Return to Iraq

A valid travel or residence document shall guarantee the holder's right to return to Iraq during its validity, unless a final decision withdraws status or prohibits entry in accordance with the law.

Article (86) — Fees

Document and residence fees shall be reasonable and shall not exceed the service cost. Those unable to pay and vulnerable groups shall be exempt under published rules.

Part Nine — Rights and duties

Article (87) — Equality before the law

Asylum-seekers, refugees, stateless persons and complementary protection holders shall enjoy legal protection and the right of access to courts and competent administrative bodies under the Constitution and laws.

Article (88) — Personal security

Authorities shall protect persons covered by this Law from violence, threats, exploitation, trafficking and retaliation for seeking protection, and provide safe reporting channels.

Article (89) — Basic education

Children covered by this Law shall be guaranteed admission to public basic education on equal terms regarding enrolment, curricula and essential services. Temporary lack of documents shall not prevent enrolment where age and identity can be established by other means.

Article (90) — Secondary and higher education

Access to secondary, vocational and higher education shall follow general rules and available capacity. Recognition of qualifications and proof of previous study shall be facilitated where documents were lost through displacement.

Article (91) — Healthcare

Persons registered under this Law shall have access to essential public health, emergency, vaccination, maternal and child health services within the national health system, without unjustified discrimination based on status.

Article (92) — Work

Refugees, stateless persons and complementary protection holders may work in the private sector and practise professions and businesses under general licensing requirements. An asylum-seeker shall obtain the right to work sixty days after registration if no final decision has been issued for reasons not attributable to the applicant.

Article (93) — Labour rights

Workers covered by this Law shall enjoy the wage, working-hour, safety, social security, compensation and non-discrimination rights prescribed by labour law. Exploiting their legal status to deny these rights shall be prohibited.

Article (94) — Enterprises and business

Refugees, stateless persons and complementary protection holders may establish enterprises or conduct commercial activities under the laws governing foreigners, investment and companies. No additional restriction shall be imposed solely because of their status.

Article (95) — Social protection

The most vulnerable refugees and stateless persons may be included in social protection programmes financed or supported for that purpose, according to need, applicable laws and available resources, without diminishing citizens' statutory rights.

Article (96) — Housing

No person shall be denied the ability to rent housing because of status. Rental rules and protection against arbitrary eviction shall apply. This Law shall not confer a right to own real property beyond the constitutional and legal restrictions applicable to non-Iraqis.

Article (97) — Humanitarian assistance

Government bodies and international and national organisations may provide cash, in-kind or legal assistance to eligible groups under transparent rules. Receiving assistance shall not affect eligibility for protection.

Article (98) — Freedom of religion and culture

Persons covered by this Law may practise their religion, rites and culture within the Constitution and general laws. They shall not be required to abandon their identity as a condition of protection.

Article (99) — Civil documents

The competent authorities shall facilitate registration of births, deaths, marriages, divorces, guardianship and other civil events occurring in Iraq. Absence of foreign documents shall not prevent registration where verification is possible through other lawful means.

Article (100) — Access to banking and services

Identity documents issued under this Law shall be accepted for customer identification, financial services, telecommunications and public services, subject to anti-money laundering and security requirements. A person shall not be automatically rejected because of nationality or status.

Article (101) — Taxes and fees

Persons earning income or conducting economic activities shall be subject to statutory taxes and fees on terms comparable to resident foreigners. No special tax shall be imposed because of asylum status.

Article (102) — Duties

Persons covered by this Law shall respect the Constitution, laws and public order, update material contact information, refrain from misusing protection documents and cooperate in procedures concerning their status.

Part Ten — Family unity and groups with specific needs

Article (103) — Family unity

Family unity shall be respected in registration, residence and durable solutions. Family members shall not be separated by an administrative measure except for a protection necessity, a judicial decision or the child's best interests.

Article (104) — Family reunification

Refugees, stateless persons and complementary protection holders may request reunification with a spouse and dependent minor children. Other dependent family members may be included where actual dependency or a serious humanitarian need exists.

Article (105) — Proof of family ties

Where official documents cannot be supplied, a combination of reliable evidence shall be accepted to establish family ties. DNA testing shall be used only as a last resort and with free, informed consent.

Article (106) — Best interests of the child

The child's best interests shall be a primary consideration in every decision concerning the child. Their assessment shall be documented in significant decisions.

Article (107) — Unaccompanied children

A qualified guardian or representative shall be appointed as soon as possible for an unaccompanied or separated child. Suitable accommodation, education and care shall be provided. The child shall not be placed in detention because of immigration status.

Article (108) — Interviewing children

Children shall be interviewed by trained officers in a manner appropriate to their age and maturity. They shall not be expected to provide an account with the precision of an adult.

Article (109) — Survivors of torture and violence

Safe referral to medical, psychological and legal services shall be provided. Procedures shall be postponed or adapted to the person's needs where proceeding immediately would cause harm or prevent a fair presentation of the application.

Article (110) — Persons with disabilities

Reasonable accommodation shall be provided in registration, interviews, access to buildings and information, and interpretation. Inability to use a standard procedure shall not be treated as evidence of non-cooperation.

Article (111) — Trafficking victims

Where indicators of human trafficking exist, the protection pathway under anti-trafficking law shall be activated alongside the asylum application. A victim shall not be returned to traffickers or a risk of retaliation without individual assessment.

Article (112) — Gender

Gender-related persecution and violence shall be considered when assessing refugee status or complementary protection. Persons exposed to such persecution may constitute a particular social group depending on the facts of the case.

Part Eleven — Statelessness determination

Article (113) — Right to seek statelessness determination

Any person in Iraq who believes they hold no State's nationality may request statelessness determination from the Committee, regardless of lawful residence. The person need not be an asylum-seeker.

Article (114) — Independent procedure

Statelessness determination shall be independent of asylum and nationality procedures. Procedures may be combined where a person is both an asylum-seeker and stateless, provided confidentiality is maintained and no contact is made with a State the person fears.

Article (115) — Definition standard

A person shall be considered stateless where examination of relevant laws and administrative practice establishes that no State considers the person its national under the operation of its law.

Article (116) — Opening the inquiry

The statelessness unit shall collect information on birthplaces, residence, parentage, previous nationality, documents and official correspondence, and assist the applicant in obtaining information that cannot be accessed independently.

Article (117) — Burden of proof

The burden of proof shall be shared between the applicant and the competent authority. A flexible standard shall reflect the difficulty of proving the negative fact of not possessing nationality.

Article (118) — Contact with States

Embassies or authorities of States of possible nationality may be contacted with the person's consent and where no protection risk arises. If the person is an asylum-seeker, the country of origin shall not be contacted until the implications for safety have been resolved.

Article (119) — Time limit

A statelessness determination application shall be decided within six months of completion of the basic information. The period may be extended by a further six months where documented external correspondence is needed.

Article (120) — Document pending determination

A statelessness determination applicant shall receive a temporary document confirming participation in the procedure and granting lawful temporary residence pending the final decision if no other residence status exists.

Article (121) — Recognition

Where statelessness is established, a reasoned decision and a specific residence and identity card shall be issued. The Nationality and Civil Status Directorate shall be notified to assess whether the person is in fact entitled to Iraqi nationality under the Nationality Law.

Article (122) — Priority for recognition of Iraqi nationality

Where strong indications show that a person is Iraqi under the Nationality Law, priority shall be given to establishing Iraqi nationality and issuing documents rather than recording the person as stateless. Provisional statelessness registration shall not prejudice a nationality claim.

Article (123) — Rights of stateless persons

A recognised stateless person shall enjoy residence, work, education, healthcare, access to justice, documentation, travel and family unity rights under this Law and other legislation. The person shall not be detained solely for lacking a passport or a State to which removal is possible.

Article (124) — Facilitating naturalisation

The competent authorities shall facilitate naturalisation procedures for stateless persons meeting Nationality Law conditions and relax evidentiary and documentary requirements that cannot be met. Statelessness shall not itself bar naturalisation.

Article (125) — Children

Where a child is born in Iraq and nationality cannot be established, the birth shall be registered immediately and the child shall not be left without a civil document. The case shall be referred to the Nationality Directorate to examine any statutory entitlement to Iraqi nationality, and then to statelessness determination where necessary.

Article (126) — Ending stateless status

Status shall end when a person acquires or is confirmed to hold a State's nationality. A cessation decision shall be issued after an opportunity to respond. Documents shall not be withdrawn before the new nationality and the ability to enjoy it effectively are established.

Part Twelve — Cessation, cancellation and revocation of status

Article (127) — Cessation of refugee status

Refugee status shall cease where a person voluntarily re-avails themselves of the protection of the country of nationality, reacquires lost nationality, acquires and enjoys the protection of a new nationality, voluntarily re-establishes residence in the country left, or where the circumstances leading to recognition have changed fundamentally and durably and no compelling personal grounds for protection remain.

Article (128) — Changed circumstances

Status shall not cease because of temporary, fragile or limited changes in the country of origin. Change must be fundamental and durable and effectively restore State protection.

Article (129) — Compelling reasons

A refugee who suffered exceptionally severe persecution may retain protection despite changed circumstances where compelling reasons arising from past persecution make return unreasonable.

Article (130) — Voluntary renunciation

A person may renounce protection status in writing after being informed of the consequences and after verification that the decision is free and informed. Renunciation shall not be accepted where it results from coercion or misleading information.

Article (131) — Cancellation

Recognition shall be cancelled where it is established that the decision was based on material fraud or deliberate concealment of a fact that would have led to rejection. This must be established through a full procedure with appeal safeguards.

Article (132) — Revocation on exclusion grounds

Where serious evidence emerges after recognition that an exclusion ground applied at the time of the decision, status may be revoked following an independent investigation and reasoned decision.

Article (133) — Subsequent offences

Refugee status shall not be withdrawn merely because an offence is committed after recognition. Statutory penalties and exceptional removal rules shall apply where their conditions are met, while non-refoulement remains applicable.

Article (134) — Individual review

Status shall not end automatically because of a general decision concerning a country of origin. The person shall be notified and given an opportunity to establish a continuing need for protection or specific personal grounds.

Article (135) — Effect on the family

Cessation of the principal person's status shall not automatically end family members' status where they hold status in their own right, have independent grounds, or where ending their status would violate family unity and the child's best interests.

Article (136) — Appeal

An appeal against cessation, cancellation or revocation shall suspend its effects regarding removal and essential documents until a final judicial decision, unless a court orders otherwise in a reasoned interim decision consistent with non-refoulement.

Part Thirteen — Liberty, detention, removal and extradition

Article (137) — Liberty is the rule

Asylum-seekers and stateless persons shall ordinarily remain at liberty. They shall not be detained solely for seeking protection, lacking a travel document or being unable to be removed.

Article (138) — Exceptional detention

Administrative detention of an asylum-seeker shall be permitted only where specifically necessary for initial identity verification, to prevent a serious risk of absconding in lawful proceedings, or to protect public security from an established individual threat, after less restrictive alternatives have proved inadequate.

Article (139) — Judicial decision

Detention shall not continue beyond twenty-four hours without bringing the person before a competent judge. The person shall have the rights to a lawyer, an interpreter and periodic challenge.

Article (140) — Alternatives

Alternatives to detention, such as residence at a known address, periodic reporting, a guarantee or surrender of a travel document, shall be preferred. The least restrictive measure appropriate to the actual risk shall be chosen.

Article (141) — Children

Children shall not be detained because of their own or their relatives' immigration or asylum status. Appropriate family- and community-based arrangements shall be used.

Article (142) — Detention conditions

Where detention is lawful, it shall take place in humane, non-punitive conditions, separately from convicted prisoners, with access to a lawyer, family, oversight bodies and healthcare.

Article (143) — Removal

A removal order against a refugee or complementary protection holder shall be issued only for serious national security or public order reasons, following an individual procedure, a reasoned decision and judicial review. It shall not be enforced to a State or territory to which this Law prohibits return.

Article (144) — Removal of a rejected applicant

Removal may be enforced after final rejection of protection and exhaustion of appeals with suspensive effect, following renewed verification that no material new risk has arisen.

Article (145) — Extradition

An extradition request shall not be executed where surrender to another State would expose the person to persecution, torture or serious harm. The extradition court shall coordinate with the protection authority where an asylum application or protection risk exists.

Article (146) — Third-State assurances

A diplomatic promise or assurance from another State shall not be relied upon to circumvent the prohibition of torture where it is not specific and verifiable and the State's conditions or record do not provide sufficient confidence in compliance.

Article (147) — Voluntary departure

Voluntary departure to a State where the person is admissible may be facilitated after verifying that consent is free and informed and the destination does not expose the person to a risk prohibited by this Law.

Article (148) — Urgent suspension

The competent judge may immediately suspend removal, extradition or transfer by an interim order where a credible claim of refoulement risk arises. The order shall be enforceable against all border and security authorities.

Part Fourteen — Durable solutions

Article (149) — Voluntary return

Return to the country of origin shall be voluntary, safe, dignified and based on current information. Assistance or residence shall not be made conditional on forcing a person to return.

Article (150) — Verification of voluntariness

The returnee's consent shall be documented, with an opportunity to ask questions and obtain information about the intended area. Particular attention shall be given to people with specific risks or needs.

Article (151) — Local integration

A refugee or stateless person who has settled for a sufficient period and meets applicable legal conditions may move to longer-term or permanent residence as determined by residence and nationality law. Time under lawful protection shall count towards the required residence period unless a specific provision precludes it.

Article (152) — Naturalisation

This Law does not directly confer Iraqi nationality, which remains governed by its own legislation. Lawful procedures shall be facilitated for refugees and stateless persons meeting naturalisation conditions, particularly those unable to provide documents from a State that does not protect them.

Article (153) — Resettlement

Cooperation with States and international organisations may facilitate resettlement in a third State where protection or a durable solution in Iraq is unsuitable. Resettlement shall be voluntary and shall not create an enforceable claim against a third State.

Article (154) — Complementary pathways

Cross-border family reunification, scholarships, labour mobility and other lawful pathways to third States may be facilitated without diminishing protection status before its effective transfer.

Article (155) — Support during transition

The competent authorities shall arrange the transfer of documents and civil, educational and health records needed for a durable solution, protecting privacy and preventing interruption of rights.

Article (156) — No economic coercion

An essential service or legal document shall not be withdrawn from a refugee to induce return. Return shall not be considered voluntary where the person is deliberately deprived of the minimum legal protection available.

Part Fifteen — Administrative appeals, judicial review and legal assistance

Article (157) — Right to administrative appeal

An applicant for asylum, protection or statelessness determination may lodge an administrative appeal within thirty days of notification. The deadline may be extended for compelling reasons or where notification was defective.

Article (158) — Review committee

An internal review committee excluding the officer who prepared the original decision shall examine the appeal. It may uphold, amend or remit the decision for further investigation and shall give reasons.

Article (159) — Judicial appeal

A final administrative decision may be challenged before the competent Administrative Court under the law. No asylum or statelessness decision shall be shielded from judicial review.

Article (160) — Suspensive effect

An appeal against denial or termination of protection or a removal order shall suspend transfer outside Iraq until judicial review is concluded, except where a court, after individual examination, finds no protection risk and no need for suspension.

Article (161) — Legal assistance

Free legal assistance shall be provided to persons unable to afford it in appeals involving refoulement, unaccompanied children, detained persons, exclusion and revocation decisions, and complex statelessness cases.

Article (162) — Access to the file

An applicant for protection and the applicant's lawyer may inspect and obtain copies of the case file and evidence material to the decision. A limited portion may be withheld to protect a source or person if an adequate alternative safeguards defence rights and the withholding is subject to judicial review.

Article (163) — Interpretation and translation on appeal

Adequate translation of decisions and interpretation in material appeal procedures shall be provided to those who do not understand the procedural language. Persons unable to pay shall not bear the cost.

Article (164) — Compensation

Any person subjected to unlawful detention or removal, or a serious breach of the confidentiality of an application, may seek compensation under general rules without prejudice to continued protection.

Part Sixteen — Data, coordination and international cooperation

Article (165) — National database

The Committee shall establish a secure national protection database, integrated as necessary with residence, nationality, civil status, labour and service systems, while separating sensitive data from general administrative uses.

Article (166) — Data protection

Processing of asylum-seeker, refugee and stateless-person data shall follow the principles of lawfulness, specified purpose, proportionality, accuracy, security, limited retention, and rights of access and correction under data protection law.

Article (167) — Security incidents

The competent authority shall report any breach or loss of data that may endanger individuals, immediately contain the incident, assess harm and notify affected persons where notification offers greater protection.

Article (168) — Federal and regional coordination

The Committee shall establish a unified protocol with Kurdistan Region and governorate authorities for registration, document recognition, necessary data exchange, prevention of duplicate files and assurance of lawful freedom of movement.

Article (169) — Cooperation with UNHCR

The Government shall cooperate with the United Nations High Commissioner for Refugees on technical advice, capacity-building, information and durable solutions, in accordance with Iraqi laws and agreements in force and with respect for national decision-making sovereignty.

Article (170) — Cooperation with the International Organization for Migration

Cooperation with the International Organization for Migration and relevant international bodies may cover voluntary return, solutions, border management and technical assistance. Refugee status decisions shall not be assigned to a non-Iraqi body.

Article (171) — Statistics and planning

Non-personal statistical data on refugees and stateless persons shall be incorporated into population, education, health and labour-market planning to avoid parallel service systems where national services can be used.

Article (172) — Judicial and security cooperation

Information necessary for investigations and serious offences may be exchanged in accordance with the law and an appropriate order or legal basis. Security or judicial cooperation shall not disclose a protection application to a persecuting actor or circumvent non-refoulement.

Part Seventeen — Transitional and final provisions

Article (173) — Repeal of the previous law

The Political Refugees Law No. (51) of 1971 shall be repealed when this Law enters into force and replaced by its provisions. The Committee, files and acquired rights shall continue under the transitional provisions.

Article (174) — Previous instructions

Instructions No. (4) of 2024 facilitating implementation of the Political Refugees Law shall remain temporarily in force insofar as they do not conflict with this Law. They shall automatically cease to apply when new instructions governing the same matter enter into force.

Article (175) — Pending applications

Applications registered before this Law enters into force shall be treated as applications under it. Applicants shall receive the new document without registering again from the beginning, and their files shall be completed under the more protective procedural safeguards.

Article (176) — Previous recognition

Persons recognised as political refugees or refugees before this Law enters into force shall retain their status until ordinary review. They shall not undergo fresh status determination unless an independent legal ground for cancellation or cessation arises.

Article (177) — Current documents

Residence cards and documents issued before this Law enters into force shall remain valid until expiry or replacement by the new document without additional fees.

Article (178) — Harmonisation with residence law

The Foreigners' Residence Law shall be amended or interpreted to exempt registered asylum-seekers, refugees, stateless persons and protection holders from violations incompatible with their legal status. They shall not be deported solely for a residence violation arising before registration became possible.

Article (179) — Harmonisation with nationality law

Iraqi Nationality Law No. (26) of 2006 shall remain the governing law for acquiring, losing and recovering nationality. The competent authorities shall issue joint instructions preventing a person already entitled to Iraqi nationality from being registered as stateless and facilitating proof of that nationality.

Article (180) — Implementing instructions

Within six months of publication of this Law, the Ministry of Interior, in coordination with the bodies represented on the Committee, shall issue necessary instructions, forms and procedural standards covering registration, interviews, appeals, documents, temporary protection and statelessness determination.

Article (181) — Phased implementation

Government registration centres and electronic integration shall be completed in all governorates within eighteen months. Existing cooperation mechanisms shall continue during the transition so that no gap in registration or documentation arises.

Article (182) — Entry into force

This Law shall be published in the Official Gazette and take effect ninety days after publication, except that implementation procedures for provisions on issuing instructions and reorganising the Committee shall begin on publication.

Statement of reasons

For the purpose of completing the constitutional framework for asylum and updating the Political Refugees Law to encompass contemporary forms of international protection; unifying registration, recognition and documentation procedures throughout Iraq; ensuring non-refoulement and procedural fairness; regulating complementary and temporary protection and the rights of families and vulnerable groups; establishing a clear procedure to identify and protect stateless persons; and strengthening the State's capacity to manage asylum under clear institutional sovereignty, this Law has been enacted.

Explanatory memorandum

The proposal builds on administrative developments that have actually occurred rather than disregarding them. Federal instructions issued in December 2024 expanded application channels, and a broader transition to government registration led by the Standing Committee began in 2026. The Law therefore proposes no new commission, but transforms the existing Committee into a more professional and sustainable federal institution with branches, technical capacities and clear judicial review.

The proposal distinguishes three levels: refugee status based on a well-founded fear of persecution; complementary protection preventing the return of persons facing serious harm who do not meet the refugee definition; and temporary protection for mass influxes. This distinction prevents uncontrolled expansion of the refugee definition while ensuring that persons facing genuine danger are not left without legal status.

On security, the Law abolishes neither screening nor exclusion grounds. It prevents unreviewable security observations from becoming automatic decisions and separates denial of status from return. Even someone excluded for a serious crime may not lawfully be sent to a State where torture awaits. The State must then address the risk through its criminal justice system, proportionate restricted residence, or transfer to a genuinely safe third State.

Statelessness presents a different legal problem from asylum: a person may fear no particular State but be considered a national by none. An independent procedure with a shared burden of proof is therefore established. At the same time, the Law prioritises recognition of Iraqi nationality where the person is entitled to it under nationality legislation, so that protection does not become a mechanism for perpetuating statelessness.

Alignment with Existing Legislation

The proposal repeals and replaces the Political Refugees Law No. 51 of 1971, temporarily retaining Instructions No. 4 of 2024 where compatible until new instructions are issued. The Ministry of Migration and Displacement Law continues to govern assistance and solutions functions, while the Ministry of Interior retains federal jurisdiction over registration, residence, nationality and asylum under the Constitution.

Iraqi Nationality Law No. 26 of 2006 remains the governing law for acquisition and loss of nationality. This Law does not automatically grant nationality to refugees or stateless persons. It requires the State not to register an already Iraqi person as stateless and to facilitate naturalisation and proof of nationality under the law. Harmonisation with the Foreigners' Residence Law also requires preventing penalties or deportation solely for a residence situation arising before protection registration or while an application is pending.

Financial and Implementation Implications

The principal cost is transitional, rather than the cost of establishing a new independent authority. It includes expanding the Standing Committee's offices and branches, connecting them to border crossings, residence directorates and service bodies, developing a database and unified government documents, training asylum interviewers, interpreters and country-of-origin researchers, and establishing a statelessness determination unit and legal assistance for those most at risk.

Government registration infrastructure, operative instructions and institutional cooperation already exist. Any request for new funding should therefore be preceded by an inventory and reallocation of existing staff, systems and offices. Publicly available data do not permit a precise cost estimate without that inventory. The proposal accordingly avoids a falsely precise figure and requires phased implementation within the federal budget.

International context

As of this document's date, Iraq is not a party to the 1951 Convention relating to the Status of Refugees or its 1967 Protocol, nor to the 1954 and 1961 statelessness conventions. Nevertheless, Iraq's constitutional framework expressly protects political refugees against refoulement, and Iraq remains bound by other human rights treaties in force for it and international rules prohibiting return to torture or irreparable harm.

This Law is designed to operate as comprehensive national legislation even before any subsequent international accession, while remaining closely aligned with the fundamental definitions and safeguards of the international refugee and statelessness framework. This reduces the need to rebuild the domestic system should Iraq later decide to accede to those conventions.

Sources and references

The references describe the constitutional, legislative and institutional position and international treaty status when the document was prepared. The draft's articles are proposed legislation, not a description of law in force.