Kenya: Information on what status or rights, if any, could be conferred on a Somali by Kenyan authorities if his uncle had a Kenyan resident permit in 1992
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 June 1995 |
| Citation / Document Symbol | KEN20809.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Kenya: Information on what status or rights, if any, could be conferred on a Somali by Kenyan authorities if his uncle had a Kenyan resident permit in 1992, 1 June 1995, KEN20809.E, available at: https://www.refworld.org/docid/3ae6aabf1c.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In a telephone interview on 27 June 1995 an official of the Kenyan high commission in Ottawa stated that a holder of a pass conferring resident status in 1992 would have been able to extend residency rights to members of his immediate family only, for example, his wife or children. Brothers, sisters, nephews or parents would not be entitled to resident status (ibid.).
However, the Kenyan Immigration Act of 1968, revised in 1984, contains provisions for the issue of other passes that confer residency or entry rights, including a dependent's pass (1984, 24). For the conditions under which a dependent's pass may be issued, please consult pages 24-25 of the excerpts of the Kenyan Immigration Act attached to this Response.
In a telephone interview on 28 June 1995 the official of the Kenyan high commission in Ottawa stated that a dependent's pass is rarely issued to dependents other than immediate family members. Exceptions are sometimes made for a dependent parent, but not frequently (ibid.). In response to the question contained in the subject area of this response, the official was of the opinion that it would be unlikely that an uncle would be able to obtain a dependent's pass for his nephew (ibid.)
For additional information, please consult the attached excerpts of the Immigration Act.
In contrast to the statements made by the embassy official, International Migration Law, published in 1988, states that Kenyan "Immigration Regulations do not prescribe any degree of relationship to determine who may, and who may not, be treated as a 'dependent' (1988, 379). For the complete text, please consult the attachments.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
High Commission for the Republic of Kenya, Ottawa. 28 June 1995. Telephone interview with official.
_____. 27 June 1995. Telephone interview with official.
Kenya. 1984. Revised Edition. Laws of Kenya: The Immigration Act. Nairobi: The Government Printer.
Plender, Richard. 1988. Revised 2nd edition. International Migration Law. Dordrecht: Martinus Nijhoff Publishers.
Attachments
Kenya. 1984. Revised Edition. Laws of Kenya: The Immigration Act. Nairobi: The Government Printer, pp. 3-33.
Plender, Richard. 1988. Revised 2nd edition. International Migration Law. Dordrecht: Martinus Nijhoff Publishers, pp. 379, 390.
