Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for the revocation of refugee status?

ANALYSIS

Assessment by population

Refugees
Analysis

Section 17 2017 Refugees Act combines cancellation and revocation, which can lead decision makers to apply revocation even where cancellation is warranted, conflating the correction of a past error in granting status with the response to new facts after recognition, thereby applying the wrong legal test and procedures, undermining due process and creating a risk of refoulement.

Zambia mandates the Commissioner for Refugees to revoke refugee status in cases where a refugee has committed an offence under the 2017 Refugees Act or any other written law (section 17(1)(a)). Under section 4 Penal Code Chapter 87 Laws of Zambia, offences include both felonies and misdemeanours and there is no further differentiation in severity of offences, which can result in revocation of refugee status. Refugee protection which was validly granted can be lawfully ended only under the conditions enumerated in the cessation clauses of article 1C, or on the basis of article 1F(a) or (c) 1951 Refugee Convention. Yet in several countries, national legislation enables the authorities to order the withdrawal of refugee status in ways which are not provided for in the 1951 Refugee Convention. The effect of such decisions is generally to terminate refugee protection ex nunc, thus expanding the grounds for cessation or revocation of refugee status beyond those foreseen in article 1C and article 1F(a) and (c) 1951 Refugee Convention (Sibylle Kapferer, Cancellation of Refugee Status, p. 39, para. 125). As outlined above, the revocation criterion in Zambian law is not in line with the Convention, since it does not limit the offences justifying revocation to crimes under international criminal law or contrary to the purposes and principles of the United Nations. Furthermore, there is no threshold or consideration of the severity of the offence, potentially resulting in disproportionate withdrawal of refugee status, considering the significance of international protection guaranteed by refugee status. It should be noted that refugee status can only be revoked by the Refugee Status Determination Committee (RSDC) upon request by the Commissioner.

The absence of established criteria and thresholds for revocation of refugee status in the law and the absence of safeguards increase the discretion of the RSDC while compromising the legal certainty of the refugee involved. However, there is no provision which would result in a difference in treatment of refugees.

However, revocation is subject to administrative justice principles. According to section 17(2)(a) 2017 Refugees Act, the RSDC must inform the person about the revocation procedures and provide that person with the opportunity to provide a written submission. However, there is no obligation to inform the refugee about the reasons for revocation, and the period of 14 days (section 17(2)(a)(ii) 2017 Refugees Act) is short considering the need for legal assistance or representation. After revocation by the Commissioner for Refugees, the refugee must be informed in writing about the decision and provided with reasons for the decision (section 17(4) 2017 Refugees Act).

Where the status has been revoked, the person against whom such a decision is made has the right of appeal to the Minister, who can either uphold or set aside the decision of COR (section 18(3) 2017 Refugees Act). The Minister can invite any institution or organization in Zambia to make a submission in the matter (section 18(2) 2017 Refugees Act). 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 for National Identity, Passport and Citizenship (DNRPC) (section 5(1) 2017 Refugees Act). 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. 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 procedural requirements outlined for the appeal to the Minister. Nevertheless, there is no clear procedure to access the appeal and if the appeal needs to be lodged in person, this would disadvantage refugees in the settlements as they would need to travel to Lusaka.

When a person's status has been revoked, refugee recognition ends seven days after the issuing of the decision or after the exhaustion of appeal and the person ceases to be considered a refugee, and the decision also extends to their dependents without further consideration (section 19(1) 2017 Refugees Act). While dependents can apply for refugee status again, there are no safeguards in case they were not involved in the offences resulting in revocation under section 17(1)(a) 2017 Refugees Act and have an international protection need. Furthermore, section 19(3) 2017 Refugees Act mandates the Commissioner for Refugees in cooperation with the Department of Immigration to remove the person with revoked refugee status from Zambian territory without any safeguards to prevent refoulement or reference to the non-refoulement provision under section 23, resulting in significant protection risks.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    Section 17 - Cancellation or revocation of recognition

    17. (1) The Commissioner may request the Committee to cancel or revoke the recognition of a person as a refugee where there are reasonable grounds to believe that the person concerned— (a) has committed an offence under this Act or any other written law; (b) obtained the recognition through fraud, false submission of information or concealment of a material fact; (c) should not have been recognised as a refugee; or (d) has ceased to qualify for recognition as a refugee for the purposes of this Act. (2) The Committee shall, where a matter is referred to it under subsection (1)— (a) cause a written notice to be served upon the person whose status as a refugee is under review— (i) informing that person that the person's recognition as a refugee is to be reviewed; and (ii) inviting that person to make a written representation on the matter to the Committee within fourteen days of the date of receipt of the notice; and (b) inquire into or investigate the matter and make recommendations to the Commissioner as it considers fit. (3) The Commissioner may, after considering the recommendations of the Committee on a matter referred to it under subsection (1), withdraw or uphold the recognition of the person concerned as a refugee. (4) The Commissioner shall, where the Commissioner withdraws the recognition of a person as a refugee, inform that person, in writing, within seven days of the decision and give the reasons for the withdrawal of the recognition.

    Section 18 - Appeal against cancellation or revocation of recognition

    18. (1) A person who is aggrieved with the decision of the Commissioner to cancel or revoke the recognition of that person as a refugee may, within fourteen days of receipt of the Commissioner's decision, appeal to the Minister, in writing. (2) The Minister may, before reaching a decision on an appeal made under subsection (1)— (a) invite a representative of any institution or organisation in Zambia to make oral or written submissions on the matter; or (c) make such further inquiry and investigation into the matter. (3) The Minister may, on an appeal made under subsection (1) uphold or set aside the decision of the Commissioner.

    Section 19 - Effect of cancellation or revocation of recognition

    19. (1) Where the recognition of a person as a refugee is cancelled or revoked under section 17, that person shall cease to be a recognised refugee and that person's dependant shall cease to be recognised as such under this Act— (a) within seven days from the date of service of the notice of withdrawal of recognition; or (b) where the person has appealed to the Minister under section 18, on the date of receipt of the Minister's notification that the Minister has upheld the decision of the Commissioner to cancel or revoke the recognition as a refugee. (2) Nothing in this Act prevents a dependent of a recognised refugee whose recognition is cancelled or revoked under section 17 from applying for recognition under section 11. (3) The Commissioner shall, in cooperation with the Immigration Department, remove from Zambia a refugee whose recognition has been cancelled or revoked under this section.

    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.

    Cancellation of Refugee Status

    Legal provision

    Cancellation of Refugee Status - Generic

    Cancellation of Refugee Status - Generic

    The 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees

    Legal provision

    Article 1(C) - Definition of the term "refugee"

    C. This Convention shall cease to apply to any person falling under the terms of section A if: (1) He has voluntarily re-availed himself of the protection of the country of his nationality; or (2) Having lost his nationality, he has voluntarily re-acquired it; or (3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or (4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or (5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality; (6) Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence; Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.

    Article 1(F) - Definition of the term "refugee"

    F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.