In addition to the international legal instruments outlined above, there are several Egyptian legal frameworks that impact the rights and protection of refugees and asylum seekers in Egypt.

The American University in Cairo Centre for Migration and Refugee Studies (CMRS) Refugee Entitlements in Egypt February 2020 report offers a comprehensive analysis of refugee rights and entitlements as outlined by Egyptian national law. This includes the right to seek asylum granted by Article 91 of the Egyptian Constitution. It is important to reiterate, however, that the Egyptian Government does not preside over the granting of asylum or the refugee status determination (RSD) process, as it is the sole responsibility of UNHCR per the 1954 MoU. Regarding non-refoulement, the Egyptian Constitution does not expressly prohibit refoulement but does prevent the extradition of political refugees (CMRS, pg. 34). On these two points, the Egyptian Constitution may provide fewer actual protections/rights than the aforementioned international and regional legal instruments. 

UNHCR is the sole entity responsible for registering asylum seekers and conducting RSD in Egypt. It operates three offices: on 6th of October (Greater Cairo), Zamalek (Syrian nationals), and in Alexandria. Appointments for registering with UNHCR can be made via phone or in person. The UNHCR Egypt website provides detailed instructions for individuals seeking to register, information for case processing, and frequently asked questions. UNHCR Egypt similarly provides information regarding cash assistance, food assistance, health services, and protection needs, as well as details about the Government of Egypt processes for residence permits, access to education, and access to newborn birth certificates. The CMRS Refugee Entitlements in Egypt report also outlines the Egyptian legal framework for key rights areas such as family unity and reunification, employment, education, health, housing, detention and expulsion, access to courts, and documentation. While some entitlements are available to refugees on paper, there are significant implementation challenges in practice due to large numbers of registered and unregistered refugees and asylum seekers in Cairo and limited resources across several service areas. Additionally, the laws can be applied differently across nationalities (for example, Sudanese, South Sudanese, Syrian, and Yemeni refugees are afforded access to Egyptian public educational institutions whereas other nationalities are not) while cultural, linguistic, and religious biases can hinder local integration. 

UNHCR also works with a wide network of partners to provide refugees and asylum seekers support while in Egypt. The UNHCR Egypt website contains information sheets listing Partner Organizations in several languages which also review the registration and RSD procedures. 

The Government of Egypt allows refugee and asylum seekers registered with UNHCR to regularize their residency and grants six-month renewable residence permits. Nonetheless, the cost and procedures for accessing residency can create obstacles for some people seeking to do so. Without residency, refugees are subject to arrest and detention and are at risk of refoulement. For further information on detention practices in Egypt, please see the Egypt profile from the Global Detention Project. For reports on deportation practices and other related security issues, please see Refugees Platform in Egypt. The site is also a portal for legal information and advice for refugees in Egypt.

In November 2024 the Egyptian parliament adopted a new law (Law Regarding the Asylum of Foreigners) aimed at establishing a national asylum system. The law shifts the tasks of registration and refugee status determination from UNHCR to the Egyptian government. A central role is assigned to the Permanent Committee of Refugee Affairs (PCRA), composed by representatives from the ministry of interiors, justice, foreign affairs and finance.  Refugees Platform in Egypt (RPE) and the Egyptian Initiative for Personal Rights (EIPR) have denounced a lack of clarity in the composition and operational framework of the committee, together with a lack of procedural guarantees applicable to the decisions that it will take. Article 10 specifically allows the committee to adopt “measures deemed appropriate” to protect public order and national security, without specifying the provisional nature of the measures or providing with a definition of the notions of national security and public order. 

Additionally, Amnesty international highlighted tha the law does not explicitly prohibit refoulement and allows for arbitrary detention of asylum seekes solely on migration grounds. It expands exclusionary clauses, besides those already mentioned in 1951 Convention, adding the fact the person had been convicted for ‘serious crimes’ committed before entering Egypt, being listed in terrorist lists and committing acts that can threaten national security (article 8). The law also includes new grounds for revocation of the status like not respecting the traditions of Egyptian society, participation in political activites and omitting information during the status determination procedure (article 9). 

The law introduces a discriminatory differentiation between those who entered the country legally and those who entered irregularly. The latters are required to lodge an asylum request within 45 days from their entrance to the country, without consideration of personal circumstances (article 31). Furthermore, the committee has a timeframe of 6 months to decide on applicaytions submitted by those who entered regularly and 1 year for those who entered irregularly (article 7).

Significantly, the law brings forward substantial changes regarding the status of asylum seekers, whose rights are not specified, and does not introduce measures of temporary protection. It also introduces penalties for those who provide asyum seekers with work or accommodation (article 37).  

The rights of recognized refugees are also affected by the new framework. While the new system introduces the right to primary education to child refugees, it does not mention higher education. Freedom of religious belief and practice is only protected for adherents to Islam, Christianity and Judaism (article 4). It also restricts the right of movement and to choose one’s place of residence in times of war or when exceptional measures are in place. 

Finally, the law does not establish a transitional regime from the current status quo, not regulating the status of those asylum seekers currently registered with UNHCR or whose applications are still in process.