Last Change:

05/26/2025

The Refugee Act

Year: 1999

Type: Domestic law

Rights Category: Asylum

Description

The Tanzania Refugees Act of 1998 is the main law governing the protection and management of refugees in Tanzania. It provides the legal framework for refugee status determination, rights and duties of refugees, and the roles of authorities in handling refugee matters. The Act emphasizes encampment, requiring refugees to stay in designated areas, and restricts their movement, employment, and integration.

Selected provisions
Section 9.9 - Determination of status

Any person whose application for refugee status and asylum has been rejected in accordance with this section, shall be deemed to be an illegal immigrant and shall be dealt with in accordance with the provisions of The Immigration Act, 1995 unless such person has been accorded a mandate refugee status by UNHCR pending his resettlement or relocation by UNHCR to another country within a specified period.

Section 12.2 - Permit to remain in Tanzania

An authorized officer appointed in that behalf shall not refuse asylum seeker or refugee a permit under this section if the officer has reason to believe that the refusal of a permit will necessitate the return of the asylum seeker or refugee to the territory from which he entered Tanzania and that the asylum seeker or refugee will be tried or punished for an offence of a political character after arrival in that territory or is likely to be persecuted in that territory. The auhorised officer may however, subject to assigning a valid reason after approval of the Director refuse to issue a permit.

Section 12.1 - Permit to remain in Tanzania

No asylum seeker or refugee to whom this section applies shall remain in Tanzania, unless-

(a)he is issued with a permit to remain in Tanzania;

(b)he complies with the terms or conditions from time to time annexed to such permit or issued to him in writing by the Director.

Section 16 - Designated Area

The Minister may, by order published in the Gazette, declare any area or place in Tanzania to be a designated area for the purposes of accommodating asylum seekers or refugees.

Section 17.1 - Requirement to Reside in a Designated Area

The competent authority in consultation with the Minister or the Director may by order, require any asylum seeker or refugee or group or category of refugees to whom this section applies who is within his area to reside within a designated area whether or not such area is within the jurisdiction of competent authority.

Section 17.2.Requirement to reside in a designated area

The competent authority in consultation with the Minister, or the Director may require any asylum seeker or refugee or group or category of refugees to whom this section applies who is within a designated area within such competent authority's area to move to or reside in any other designated area whether within such competent authority's area or not.

Section 17.5 - Requirement to reside in a designated area

(a)No asylum seeker or refugee shall be allowed to leave a designated area as directed under this section unless he has sought and obtained a permit from Director or Settlement Officer as the case may be, and, subject to such terms and conditions as the Director or a Settlement Officer may prescribe in the permit.

(b)No asylum seeker or refugee may be allowed to be out of a designated area for more than fourteen days unless the Director has allowed in the permit a longer period upon which an asylum seeker or a refugee may stay outside the designated area.

Section 17.6 - Requirement to reside in a designated area

Any asylum seeker or refugee to whom a permit or travel document has been issued under this section who fails to comply with the terms and conditions thereof shall be guilty of an offence against this Act.

Section 17.3 - Requirement to reside in a designated area

Any asylum seeker or refugee to whom an order made under this section applies who-

(a)fails to comply with such order; or

(b)fails to move to or take up resident in a designated area in accordance with such order within reasonable time; or

(c)having arrived at a designated area, in pursuance of such order, leaves or attempts to leave such area, except in pursuance of some other order or permit made under this section, shall be guilty of an offence against this Act.

Section 18.4 - Control of designated area

The Director or a settlement officer may inquire into any disciplinary offence and if he finds that an asylum seeker or a refugee has been guilty of such disciplinary offence may punish him by-

(a)ordering his confinement in a settlement or camp lock-up for a period not exceeding three days; or

(b)fining him a sum not exceeding five thousands shillings.