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 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 22 - Detention of refugee pending expulsion

22. (1) An authorised officer may arrest and detain a recognised refugee whose expulsion has been ordered under section 21, pending the completion of arrangements for the expulsion of that recognised refugee from Zambia. (2) An officer-in-charge of a correctional centre or police station shall, when required, in writing, by an authorised officer receive into custody and retain in custody a recognised refugee detained or to be detained in terms of subsection (1). (3) A recognised refugee detained in a correctional centre or police station under this section shall be treated as a person awaiting trial. (4) A recognised refugee who is detained under this section may, if that recognised refugee so requests, be allowed a reasonable time not exceeding three months, and be afforded reasonable facilities to seek admission to a country other than the country to which that recognised refugee is to be expelled. (5) The Minister may, where a refugee applies for admission to another country under subsection (4), extend the three months' period referred to in that subsection if satisfied that there is a reasonable likelihood of the recognised refugee being admitted to the country of the recognised refugee's choice within that extended period. (6) In this section, "correctional centre" means a building, enclosure or place or part of the building, enclosure or place declared to be a correctional facility in the law relating to prisoners, and includes a correctional centre established for children in conflict with the law.

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 21 - Expulsion of recognised refugee

21. (1) The Minister may order the expulsion of a recognised refugee from Zambia if the Minister considers that the expulsion is necessary or desirable on the grounds of national security or public order. (2) The Minister shall, before making an order under subsection (1), cause a written notice to be served upon the recognised refugee informing that recognised refugee of— (a) the intention to expel that recognised refugee, stating the grounds for the expulsion; and (b) the representation that the recognised refugee may make to the Minister against the expulsion in terms of subsection (3). (3) A recognised refugee upon whom a notice is served under subsection (2) may, in person or through a legal practitioner or the United Nations High Commissioner for Refugees, within fourteen days from the date of the service of the notice, make representations against the expulsion, in writing, to the Minister. (4) Where a recognised refugee makes representations to the Minister under subsection (3), the Minister shall, before ordering the expulsion of that recognised refugee from Zambia, consider the representations made and determine whether the recognised refugee should be expelled in accordance with the order made under subsection (1) or withdraw the order. (5) Where a representation is made by a recognised refugee under subsection (3), the order for the expulsion of that recognised refugee shall be suspended pending the determination of the Minister. (6) Despite the provisions of this section, a refugee who is considered to be a danger to national security or public order under subsection (1) is not entitled to make representations if there are compelling reasons on grounds of national security. (7) The execution of an order for the expulsion of a recognised refugee under this section may be delayed for a reasonable period to enable the recognised refugee to seek admission to a country other than the country to which it is proposed to expel that refugee.

Section 23 - Prohibition of expulsion, extradition or refusal of entry of asylum seeker or refugee

23. (1) Despite the provisions of any other law, a person shall not be refused entry into Zambia or be expelled, extradited or returned from Zambia to another country if that refusal, expulsion or return would compel that person to return to or remain in a country where— (a) that person may be subjected to persecution on account of that person's race, religion, nationality, membership of a particular social group or political opinion; or (b) that person's life, physical well-being or liberty is threatened by external aggression, occupation, foreign domination or event seriously disrupting public order in part or the whole of that country. (2) The Minister shall take such steps as the Minister considers necessary to ensure that the provisions of subsection (1) are applied in respect of persons to whom that subsection applies. (3) An asylum seeker or refugee shall not benefit from this provision where there are reasonable grounds to believe that the asylum seeker or refugee is a danger or threat to national security.

2026 Immigration Control Act - Generic

2026 Immigration Control Act - Generic

Prohibition of expulsion or return (“refoulement”)

1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.