South Sudan joined the 1951 Convention on the Status of Refugees and its 1967 Protocol in 2018, when President Salva Kiir signed the accession instrument after ratification by the Transitional National Legislative Assembly. In October 2023, the National Parliament also ratified the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

As of November 2024, the country faces a severe humanitarian crisis, hosting about 440,000 refugees and having over 2 million internally displaced persons. The ongoing conflict in Sudan, which began in April 2023, has worsened conditions in South Sudan, driving new refugee arrivals into already strained and remote areas with limited infrastructure and resources. As a result, overcrowded camps struggle with violence, hunger, and insufficient support. Over 5.8 million people in South Sudan face severe food insecurity, as the country undergoes its worst hunger crisis in its history. Additionally, 2.3 million South Sudanese have sought refuge in neighbouring countries, while over 500,000 South Sudanese refugees have returned since the 2018 Peace Agreement.

Despite adopting progressive frameworks like the 2012 Refugee Act and making pledges under the Global Refugee Forum, many refugees, IDPs, returnees, and stateless persons continue to face significant challenges, including limited access to justice, documentation, and housing, land, and property rights.

The 2012 Refugee Act and the 2017 Refugee Status Eligibility Regulations provide for prima facie refugee recognition, which continues to apply to asylum-seekers from Sudan, the Democratic Republic of the Congo and the Central African Republic. Asylum-seekers of other countries of origin go through individual refugee status determination, handled by the Commission for Refugee Affairs (CRA). The 2012 Refugee Act provides refugees with rights such as access to employment, social services, freedom of movement, birth registration, and access to justice. 

The Nationality Act of 2011 provides the legal framework for matters related to nationality and naturalisation. The 2011 Nationality Regulations govern the issuance of nationality certificates as stipulated in the Nationality Act, and specify requirements and other application procedures necessitated for obtaining a nationality certificate.

The Passports and Immigration Act of 2011 governs the issuance of Passports of South Sudan, visas and residence permits, as well as the deportation of aliens from South Sudan. It specifies the conditions of entry, work and exit of migrants in South Sudan. 

The Child Act of 2008 specifies the rights of children, including refugees and internally displaced children, in South Sudan in line with its Constitution and international obligations of South Sudan, such as the 1989 United Nations Convention on the Rights of the Child.

The National Framework for the Return, Reintegration, and Relocation of Displaced Persons was adopted in 2017 and focuses on sustainable solutions for IDPs and returning refugees.