13. The Commissioner may, after considering the recommendation of the Committee made pursuant to section 12 on an application, recognise the applicant as a refugee if the applicant meets the requirements of this Act and shall, within seven days of the decision, inform the applicant accordingly, in writing.

14.(3) The Commissioner shall not grant a person or asylum seeker refugee status under this Act if that person or asylum seeker—
(a) having more than one nationality, had not availed oneself of the protection of one of the countries of which the person is a national, and has no valid reason, based on well-founded fear of persecution;
(b) has been granted refugee status or asylum in another country before that person's entry into Zambia, except that a person arriving from a territory where there has been serious breach of peace shall have that person's application for asylum considered; and
(c) has before that person's entry into Zambia transited through one or more countries and is unable to show reasonable cause for failure to seek asylum in those countries.

14. (1) The Commissioner shall exclude a person or asylum seeker from recognition of refugee status under this Act if there are reasonable grounds to believe that the person or asylum seeker—
(a) has committed a crime against peace, a war crime or crime against humanity;
(b) has committed a serious non-political crime outside Zambia before that person's arrival in Zambia;
(c) has engaged in subversive acts against any State;
(d) is receiving protection or assistance from an agency of the United Nations, other than the United Nations High Commissioner for Refugees;
(e) is a combatant or continues to take part in armed activities; and
(f) has committed acts contrary to the purposes and principles of the United Nations or the African Union.

(2) Where the protection or assistance referred to in subsection (1)(d) ceases without the person's position being definitively settled, that person may apply for recognition as a refugee under this Act.

(3) The Commissioner shall not grant a person or asylum seeker refugee status under this Act if that person or asylum seeker—
(a) having more than one nationality, had not availed oneself of the protection of one of the countries of which the person is a national, and has no valid reason, based on well-founded fear of persecution;
(b) has been granted refugee status or asylum in another country before that person's entry into Zambia, except that a person arriving from a territory where there has been serious breach of peace shall have that person's application for asylum considered; and
(c) has before that person's entry into Zambia transited through one or more countries and is unable to show reasonable cause for failure to seek asylum in those countries.

(4) The Commissioner shall, where the Commissioner refuses to recognise a person's status as a refugee, state the reasons for the refusal and shall inform that person of the right to appeal to the Minister.

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.

16. (1) Subject to the other provisions of this Act, where the Minister considers that a class of persons are refugees, the Minister may, by statutory order, declare that class of persons to be recognised refugees for the purposes of this Act, and may in like manner amend or revoke the declaration.
(2) An amendment or revocation of a declaration made under subsection (1) shall not affect the right of a person—
(a) who is a member of that class of persons and who entered Zambia before the date of the amendment or revocation, to continue to be regarded as a refugee for the purposes of this Act; or
(b) who is such a person as is referred to in paragraph (a), (b) or (c) of the definition of “refugee ” to be recognised as a refugee for the purposes of this Act.
(3) The Minister may exclude or exempt a person from a declaration made under subsection (1), but the exclusion or exemption shall not preclude that person from applying for recognition as a refugee under this Act.
(4) The Minister shall cause a declaration made under subsection (1) and an amendment or revocation of the declaration to be published in the Gazette and in such other manner as the Minister considers will bring it to the attention of refugee officers, authorised officers and any other person to whom it relates.

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.

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.

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.

45. (1) Subject to the provisions of this Act, a recognised refugee and a dependant of that recognised refugee who has attained the age of sixteen—
(a) shall be permitted to remain within Zambia; and
(b) shall be issued with an identity card in the prescribed form.

(2) A recognised refugee shall keep the identity card issued to that recognised refugee under subsection (1)(b) in one's possession at all times while in Zambia.

(3) Subject to the other provisions of this Act, a dependant of a recognised refugee who is below the age of sixteen shall be issued with a refugee identification card and be permitted to enter and remain in Zambia.

(4) A dependant of a recognised refugee who is within Zambia in terms of this section and who ceases to be a dependant of the recognised refugee shall, subject to the other provisions of this Act, be permitted to remain within Zambia and shall be entitled to the rights and duties provided for in this Act.

(5) Where a recognised refugee dies, divorces or legally separates from the spouse, a person who, immediately before the death, divorce or legal separation, was within Zambia as a dependant of that recognised refugee in terms of this section shall, subject to the other provisions of this Act, be permitted to remain within Zambia.

(6) A dependant of a recognised refugee who is permitted to remain in Zambia under this section may apply for recognition as a refugee under section 11.

46. Despite the provisions of Part V of the Immigration and Deportation Act, 2010, proceedings for unlawful entry or presence in Zambia shall not be instituted or continued against a person or a dependant of that person who enters or is present in Zambia without lawful authority if that person—
(a) without delay, applies to an authorised officer for recognition as a refugee under section 11; or
(b) has become a recognised refugee in accordance with this Act.