Section 11 - Application for recognition as refugee

11. (1) An asylum seeker or a person who is within Zambia, whether that person has entered Zambia lawfully or otherwise, and wishes to remain in Zambia as a recognised refugee under this Act may, within seven days of entering Zambia, apply for recognition as a refugee to the Commissioner or an authorised officer. (2) The Commissioner or an authorised officer, shall, within thirty days of the receipt of an application made under subsection (1), submit the application to the Committee. (3) An authorised officer to whom an application is made under subsection (1) shall— (a) where the authorised officer is not an immigration officer, within five days of receipt of the application, notify an immigration officer that the applicant is within Zambia and has made the application; and (b) within thirty days of receiving the application, submit the application with any documents or information in support of the application to the Commissioner who shall, upon consideration of the application and determination that it should be referred to the Committee, submit it to the Committee. (4) Despite section 22 of the Immigration and Deportation Act, 2010, or any other written law, a person who applies for recognition as a refugee under this section and a dependant of that person has the right to remain in Zambia— (a) until that person is recognised as a refugee; or (b) where the application for recognition as a refugee is rejected, until that person has had an opportunity to exhaust that person's right of appeal under section 15.

Section 23 - Prohibition of expulsion, extradition or refusal of entry of asylum seeker or refugee

23. (1) Despite the provisions of any other law, a person shall not be refused entry into Zambia or be expelled, extradited or returned from Zambia to another country if that refusal, expulsion or return would compel that person to return to or remain in a country where— (a) that person may be subjected to persecution on account of that person's race, religion, nationality, membership of a particular social group or political opinion; or (b) that person's life, physical well-being or liberty is threatened by external aggression, occupation, foreign domination or event seriously disrupting public order in part or the whole of that country. (2) The Minister shall take such steps as the Minister considers necessary to ensure that the provisions of subsection (1) are applied in respect of persons to whom that subsection applies. (3) An asylum seeker or refugee shall not benefit from this provision where there are reasonable grounds to believe that the asylum seeker or refugee is a danger or threat to national security.

Section 33 - Temporary permit

33. (1) A prohibited immigrant, illegal immigrant or any other person who does not hold any permit issued under this Act may, with the prior approval of the Director-General, apply to the Director-General for a temporary permit in a prescribed manner and form on payment of a prescribed fee. (2) An application referred to in subsection (1) shall be accompanied by a prescribed sum of money as deposit for the purpose of securing the applicant's compliance with the conditions specified in the permit. (3) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (4) The Director-General shall, where the Director-General rejects an application, inform the applicant in a prescribed form, stating the reasons for the rejection. (5) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a temporary permit in a prescribed form. (6) A deposit referred to under subsection (2), shall where the persons referred to under subsection (1) fail to comply with the conditions of a temporary permit, be used for purposes of deporting or removing that person from the Republic or be forfeited to the State.

Prohibition of expulsion or return (“refoulement”)

1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

Asylum

1. Member States of the OAU shall use their best endeavours consistent with their respective legislations to receive refugees and to secure the settlement of those refugees who, for well-founded reasons, are unable or unwilling to return to their country of origin or nationality. 2. The grant of asylum to refugees is a peaceful and humanitarian act and shall not be regarded as an unfriendly act by any Member State. 3. No person shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out in Article I, paragraphs 1 and 2. 4. Where a Member State finds difficulty in continuing to grant asylum to refugees, such Member State may appeal directly to other Member States and through the OAU, and such other Member States shall in the spirit of African solidarity and international cooperation take appropriate measures to lighten the burden of the Member State granting asylum. 5. Where a refugee has not received the right to reside in any country of asyum, he may be granted temporary residence in any country of asylum in which he first presented himself as a refugee pending arrangement for his resettlement in accordance with the preceding paragraph. 6. For reasons of security, countries of asylum shall, as far as possible, settle refugees at a reasonable distance from the frontier of their country of origin.