Syria is not a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and has not enacted national refugee legislation. Reference to refugees is made in article 39 of the Constitution, which provides that “Political refugees shall not be extradited because of their political beliefs or for their defence of freedom.” Law No. 2/2014 on immigration and residency foresees that refugees and asylum seekers, bearing a UNHCR ID card, are eligible for residency permits and exempted from residency fees. In the absence of a national asylum framework, UNHCR exercises its mandate for refugee protection in Syria, ensuring registration, refugee status determination (RSD), as well as life-saving assistance and seeking durable solutions.
As of 31 December 2015, 21,113 refugees and 5,251 asylum seekers were registered with UNHCR. More than 70 per cent are from Iraq and arrived between 2003 and 2006; other nationalities include Sudan, South Sudan, Afghanistan, Somalia and some 1,000 Palestinian refugees ex-Iraq who are not eligible to register with UNRWA in Syria. Although the Syrian Government maintains a generous approach to refugees, since the onset of the conflict in 2011, the protection environment has deteriorated. Instances of refugee detention on security grounds have increased, with some resulting in deportations that amount to refoulement. The shrinking protection space has prompted many refugees to spontaneously return to their countries of origin, relocate to neighbouring countries or further afield. This led to a decrease in the number of registered refugees in 2014-2015.However, the same period saw an increase in asylum applications, mostly lodged by Iraqis. While in 2015, 5,165 individuals filed for asylum, this number is expected to increase in 2016-2017. Most of the applications are expected to be lodged in Al Hasakeh Governorate. As at 31 December 2015, a total of 3,554 Iraqis are residing in Newroz and Roj camps managed by the Kurdish self-administration authorities, with assistance provided by UN agencies and NGOs. UNHCR has not registered these populations as asylum seekers or refugees under its mandate. Basic biometric data has been collected to provide assistance, pending a policy decision on their legal status.
Refugees have undergone forcible and repeated relocations, while tightened security procedures at checkpoints and difficulties in obtaining residency permits have limited their freedom of movement. Further, there are reports of refugees who have joined armed groups for different reasons, including financial incentives. In Syria, refugees do not have the right to work. Due to the lack of options, refugees are more likely to be exposed to protection risks, particularly affecting vulnerable people. The breakdown of family structures and of law and order has led to a widespread loss/absence of essential civil documentation and an increase of SGBV. Child protection concerns, such as child labour, recruitment into armed forces, school dropout and early marriage, are on the rise. Meanwhile, the prospects for durable solutions are limited. The quota for resettlement has significantly diminished, partially due to the increased focus on Syrian refugees in neighbouring countries and the relocation from Syria of diplomatic representations engaged in resettlement.