Section 2(1) - Interpretation

"asylum seeker” means a person seeking refugee status in accordance with the provisions of this Act and whose refugee claim is not determined.

Section 4(2) - Functions of Commissioner

4.(2) Without prejudice to the generality of subsection (1), the functions of the Commissioner are to— (a) co-ordinate activities and programmes for refugees and the provision of security, protection and assistance for refugees in refugee settlements; (b) co-ordinate measures necessary for promoting the welfare of refugees and advise the Minister on all matters relating to refugees; (c) manage refugee reception areas, refugee settlements and other facilities for refugees; (d) receive and process applications for the recognition of refugees; (e) issue refugee identification documents and process and recommend applications for the issuance of refugee travel documents; (f) issue movement passes to refugees for travel outside the refugee settlements within Zambia; (g) issue visitors permits for entry into refugee settlements; (h) register and maintain a register of asylum seekers and refugees; (i) ensure that refugee economic and productive activities do not have an adverse effect on host communities or the environment; (j) ensure the sustainable use and sustainable management of the environment in refugee hosting areas; (k) protect and assist vulnerable asylum seekers and refugees, especially women and children; (l) ensure treatment of asylum seekers and refugees in compliance with the law; (m) facilitate the safe return of Zambians living as refugees in other countries; (n) administer and manage the Fund; (o) cooperate with organisations and institutions with similar functions within and outside Zambia; and (p) exercise such other functions as are incidental to the functions of the Commissioner or as may be assigned to the Commissioner by or under this Act.

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 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 51 - Identity documents

51. The Commissioner may issue identity documents to a recognised refugee for purposes of movements within Zambia.

Section 23 - Asylum seeker’s permit

23. (1) The Director-General may issue an asylum seeker’s permit in a prescribed manner and form to a foreigner seeking refuge or asylum in the Republic in accordance with the Refugees Act. (2) Despite the provisions of any other written law, a holder of an asylum seeker’s permit shall, where the holder of the permit does not report to the Commissioner for Refugees or a refugee settlement in accordance with the Refugees Act, within thirty days of the issue of the permit, become an illegal immigrant. (3) Subject to the Refugees Act, a refugee commits an offence if the refugee is found in a place other than a refugee settlement without— (a) a movement pass issued in accordance with the Refugees Act; or (b) an appropriate permit issued under this Act.

Duty to appear before immigration officer on arrival in Republic

10. (1) A person who arrives in the Republic and intends to enter the Republic at a port of entry or at any place other than a designated port of entry, or leave the precincts of the airport, shall appear before an immigration officer. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine of not less than ten thousand penalty units but not exceeding two hundred thousand penalty units.