Date of publication:
10/12/2026
Zambia
Do domestic laws and policies provide for efficient asylum procedures on appeal?
Assessment by population
Analysis
Considering the workload of the Minister and the absence of established delegation or any appeal decision-making structures, let alone any safeguards for efficiency, adequacy or consistency, the appeal procedure cannot be considered efficient: ‘The Minister may refer the matter back to the Refugee Status Determination Committee (RSDC) for further inquiry and investigation or make such further inquiry and investigation into the matter himself.’ (section 15(3) 2017 Refugees Act). While this seems like an established procedure, there are no criteria for this assessment considering efficiency, while it must be appreciated that both the Minister and the RSDC face a considerable workload, meaning that an allocation of appeals to them cannot be efficient.
There is a reasonable timeframe for lodging the appeal (14 days – section 15(1) 2017 Refugees Act), but there is no timeframe for reaching a decision; there is no case management system, let alone any digital infrastructure in place. While there is no information regarding the training of the Minister in refugee matters, it can be concluded that there is no adequately trained staff reviewing the appeal decision provided for in the law. Furthermore, there are no differentiated case processing modalities for simplified or accelerated procedures or any mechanisms for monitoring or quality assurance to achieve consistency.
Related provisions of domestic law or policy
Legal Aid Act, 2021
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://zambialii.org/akn/zm/act/2021/1/eng@2021-03-24
Legal provision
Legal Aid Act, 2021 - Generic
Legal Aid Act, 2021 - Generic
THE REFUGEES ACT, 2017
- Year: 2017
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2017/120426?prevDestination=search&prevPath=/search?keywords=refugee+act&order=desc&sm_country_name%5B%5D=Zambia&sort=score&result=result-120426-en
Legal provision
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.