Forced Migration in the OIC Member Countries:
Policy Framework Adopted by Host Countries
93
3.2.2. Legal Frameworks for Forced Migrants
Like many other countries in the region, Jordan has no official asylum law or policy. Protection
frameworks and legal status for forced migrants in Jordan are thus extremely varied and
depend to a large extent on the nationality and time of arrival of the migrant population.
Jordan is not a signatory to the 1951 Convention or its 1967 Protocol. Refugees’ status and
recognition is instead governed by a 1998 Memorandum of Understanding (MoU) between
UNHCR and the Jordanian government. The MoU sets out the definition of refugee status in
accordance with the 1967 Protocol and commits Jordan to respect the principle of
nonrefoulement.154 Jordan is also a party to several other international conventions that
reinforce its commitment to nonrefoulement, including the Convention against Torture and
the Arab Charter on Human Rights. Both have been published in the Official Gazette, which
gives them the same force as Jordanian law. The Jordanian Constitution also protects “political
refugees” from extradition for criminal charges “on account of their political principles.”155
Generally, however, protection policies regarding refugees are not written into the law, and
the Minister of the Interior maintains the power to enforce deportation decisions on a case by
case basis against individuals who have entered the country without a visa.156
The Law on Residence and Foreigners’ Affairs governs conditions for entry to and residence in
Jordan for non-nationals. The frequent overlap between regional migration flows to Jordan
and refugee movements means that non-humanitarian migration policies also have particular
salience for many refugee groups. Citizens of Arab countries have typically been exempt from
the requirement to obtain a visa prior to traveling to Jordan, although the government has
often made changes to this policy for specific countries in the face of rising refugee flows. The
exemption was revoked for Iraqis in 2008157 and for Yemenis in 2015, for example. 158 Those
who are able to enter legally can obtain a one year residence permit, as some Iraqis have done,
but only if the applicant can demonstrate they have the financial resources to maintain
themselves independently, which has been impossible for all but the wealthiest refugees.
Normally, individuals who enter under a visa but overstay are subject to high fines; recognized
refugees are, however, exempt from these fines as agreed under the MoU. Unregistered Iraqis
have often struggled with fines imposed as a result of overstaying visas. During the Iraqi
arrivals in the late 2000s, many Iraqi refugees entered Jordan on short-term visas which had
to be renewed every several months. As the crisis continued, and Jordanian visa policies
tightened, many Iraqis found it increasingly difficult to obtain renewed visas and became
subject to mounting visa overstay fines.159
154 Articles 1 and 2.1. UNHCR and Ministry of Interior, Memorandum of Understanding between the Government of Jordan and
UNHCR, Official Gazette No. 4277, May 3, 1998.
155 The Constitution of the Hashemite Kingdom of Jordan, Article 21, (January 1, 1952). Available at:
156 Article 31, Jordan: Law No. 24 of 1973 on Residence and Foreigners' Affairs, (January 1, 1973). Available at:
157 Stevens, “Legal Status, Labelling, and Protection”
158 Khetam Malkawi, “Visa requirements re-imposed on Yemenis”, The Jordan Times, December 7th 2015.
159 Dawn Chatty and Nisrine Mansour, “Displaced Iraqis: Predicaments and Perceptions in Exile in the Middle East,” Refuge
28, no. 1 (2011): 97=107
International Crisis Group, Failed
Responsibility: Iraqi Refugees in Syria, Jordan and Lebanon