Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for fair asylum procedures on appeal?

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

Asylum seekers have the right to appeal a decision reached by the RSDC and the Commissioner in terms of section 15 2017 Refugees Act in case the RSD decision is negative: ‘The applicant shall, within 14 days of being informed of the decision, be entitled to appeal in writing against that decision to the Minister of Home Affairs and Internal Security’. However, there is also provision for applicants providing a justification for not appealing the decision within the time limit (section 15(2)). Section 14(4) 2017 Refugees Act places an obligation on COR to inform the applicant of the right to appeal the decision but does not place any obligations to inform the applicant of their right to legal representation or reference to legal aid. Although not expressly mandated to support refugees or asylum seekers, the 2021 Legal Aid Act offers an opportunity for access to legal aid and representation for vulnerable persons, including asylum seekers.

Considering the independence of the appeals body, the Minister is not independent from COR or the RSDC, since the Minister has supervisory power over COR and other representatives from entities that are members of the RSDC, such as the Zambia Police Service, the Department of Immigration and Department of national registration, passports and citizenship (DNRPC) (section 5(1) 2017 Refugees Act). The Minister may refer the matter back to the RSDC for further inquiry and investigation or investigate the case further himself (section 15(3)). Furthermore, exercising the power to refer the case back to the RSDC means that the same entity decides about the first-instance decision and the appeal, which contradicts any objective or independent or impartial review. Moreover, the Minister himself would probably not investigate himself and without a dedicated institution conducting the assessment of the appeal, there is a risk that the appeal is handed back to the initial Eligibility Officer at COR since there is no procedural safeguard regarding independence or impartiality. However, the applicant has no right to present any evidence or be heard or re-interviewed substantiating the appeal of the first-instance decision. Furthermore, the applicant is not informed of any timelines of the appeal and there is no grievance mechanism in case of a delayed decision by the Minister. Most importantly, there are no procedural or material safeguards regarding the consideration of the appeal by the Minister in the 2017 Refugees Act. There are no administrative fees or further procedural requirements outlined for the appeal to the Minister. Nevertheless, there is no clear procedure to access the appeal and in case the appeal needs to be lodged in person, this would disadvantage applicants in the settlements as they would need to travel to Lusaka. Furthermore, there are no specific procedures for disadvantaged groups.

In addition to not having a clearly mandated independent and impartial body, no established procedure and no procedural and material safeguards for the assessment of the appeal, applicants have no right to access case files or evidence, to submit evidence or to be heard on their own, and no right to an interpreter and legal advice or representation. Nevertheless, applicants have a right to be informed about the decision and the reasons for the decision, but not in writing (section 15(4) 2017 Refugees Act). Furthermore, applicants have the right to remain in Zambia until their appeal has been decided (section 11(4)(b) 2017 Refugees Act) and even the right to remain in Zambia for up to three months to make the necessary arrangements for leaving the country, which can be extended if necessary (section 11(5) and (6)).

The law is also silent on an appeals process beyond the decision of the Minister or the right to judicial review of the decision of the Minister. In the absence of a clear provision in the 2017 Refugees Act and other written laws regarding judicial review of the administrative decisions of the Minister, it remains unclear whether there is an avenue to judicial appeal to review the decision of the Minister. Furthermore, considering the lack of a provision or of any information on the procedure by the entities responsible, asylum seekers would not be able in most cases to access any kind of judicial review.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    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 14 - Exclusion or refusal to grant recognition as refugee

    14. (1) The Commissioner shall exclude a person or asylum seeker from recognition of refugee status under this Act if there are reasonable grounds to believe that the person or asylum seeker— (a) has committed a crime against peace, a war crime or crime against humanity; (b) has committed a serious non-political crime outside Zambia before that person's arrival in Zambia; (c) has engaged in subversive acts against any State; (d) is receiving protection or assistance from an agency of the United Nations, other than the United Nations High Commissioner for Refugees; (e) is a combatant or continues to take part in armed activities; and (f) has committed acts contrary to the purposes and principles of the United Nations or the African Union. (2) Where the protection or assistance referred to in subsection (1)(d) ceases without the person's position being definitively settled, that person may apply for recognition as a refugee under this Act. (3) The Commissioner shall not grant a person or asylum seeker refugee status under this Act if that person or asylum seeker— (a) having more than one nationality, had not availed oneself of the protection of one of the countries of which the person is a national, and has no valid reason, based on well-founded fear of persecution; (b) has been granted refugee status or asylum in another country before that person's entry into Zambia, except that a person arriving from a territory where there has been serious breach of peace shall have that person's application for asylum considered; and (c) has before that person's entry into Zambia transited through one or more countries and is unable to show reasonable cause for failure to seek asylum in those countries. (4) The Commissioner shall, where the Commissioner refuses to recognise a person's status as a refugee, state the reasons for the refusal and shall inform that person of the right to appeal to the Minister.

    Section 15 - Appeal against refusal of grant of recognition as refugee

    15. (1) A person aggrieved with the refusal of the Commissioner to recognise that person as a refugee may, within fourteen days of the receipt of the decision of the Commissioner, appeal to the Minister, in writing. (2) The Minister may consider an appeal after the expiry of the period specified in subsection (1) where the Minister determines that the appellant was prevented by justifiable cause from filing the appeal within the specified period. (3) The Minister may, before reaching a decision on an appeal— (a) refer the matter to the Committee for further inquiry and investigation; or (b) make such further inquiry and investigation into the matter. (4) The Minister may, in determining an appeal under subsection (1), confirm or set aside the decision of the Commissioner, and shall notify the appellant of the Minister's decision in the matter and the reasons for the decision. (5) Where a person appeals against the rejection of an application for recognition as a refugee and the appeal is unsuccessful, that person may be allowed to remain in Zambia for a period not exceeding three months, and if that person is in detention, that person shall be afforded reasonable facilities to seek admission to a country of that person's choice. (6) A person may apply to the Minister to extend the period of three months specified in subsection (5), and the Minister may extend that period if the Minister determines that there is a reasonable likelihood of the person being admitted to a country of that person's choice within that extended period.

    Section 5 - Establishment of Refugee Status Determination Committee

    5. (1) There is established the Refugee Status Determination Committee which consists of the following members appointed by the Minister: (a) the Chairperson, who shall be a person with expertise in refugees matters; and (b) one representative each of the— (i) Attorney-General; (ii) Zambia Police Service; (iii) Ministry responsible for foreign affairs; (iv) Immigration Department; (v) Special Division of the Office of the President; (vi) Department of National Registration, Passport and Citizenship; and (vii) United Nations High Commissioner for Refugees, as ex-officio member. (2) The members shall elect the Vice-Chairperson from amongst themselves. (3) The Commissioner shall assign officers to perform such secretarial and administrative functions for purposes of or in connection with the Committee as may be necessary for the performance of its functions. (4) The provisions of the Schedule apply to the Committee.

    Legal Aid Act, 2021

    Legal provision

    Legal Aid Act, 2021 - Generic

    Legal Aid Act, 2021 - Generic