Asylum and refugee status in Tanzania

The Refugees Act applies to any person who enters or is within Tanzania, lawfully or otherwise, and wishes to remain as a refugee within the meaning of section 4 of the Act. The Refugees Services Division of the Ministry of Home Affairs receives, registers and shelters asylum seekers and refugees, coordinates services in the designated areas and works on durable solutions such as voluntary return or transfer to a third country. The Director of Refugee Services runs the procedure, and the National Eligibility Committee, chaired by the Director, examines applications.

A person who is already lawfully in Tanzania, for example on a visa, and becomes unable to return home for reasons covered by the Act must apply before the lawful stay expires.

The Act requires the person to present himself immediately, and not later than seven days after entry unless there is reasonable cause for delay, to the nearest authorised officer, village executive officer or justice of the peace and apply for recognition as a refugee. If the official reached is not an authorised officer, he must refer the person to one. The applicant fills in the prescribed application form, which is registered by an authorised officer in the area of the point of entry, and may add a statement and evidence.

The authorised officer interviews the applicant and writes the interview down. The transcript is read back so the applicant can make corrections before both sign it; if the applicant refuses to sign, the reasons are recorded. The file is then sent to the Director. The Act sets no fee for the application, and an interpreter may be brought before the Committee if necessary. Official sources do not describe applications from abroad at Tanzanian embassies.

The Director submits the application to the National Eligibility Committee and ensures that it convenes and considers the claim within 60 days of the application, a period the Director may extend for reasonable cause. The Committee reviews the form, statements and transcripts, may investigate and gather information inside and outside the country without contacting the authorities of the country of origin, may summon the applicant or other persons, and sends its recommendation to the Minister, who decides and has the applicant informed through the Director. The UNHCR representative in Tanzania is informed of every person claiming to be a refugee and of the Minister's decision, and the applicant must be told of the right to contact the UNHCR office.

A person claiming refugee status may not be declared a prohibited immigrant, detained or penalised merely because of illegal entry, but failing to report within the time limit is an offence. The Minister or the Director may require asylum seekers and refugees to live in designated areas declared in the Gazette; leaving a designated area needs a permit from the Director or a settlement officer, and a stay outside of more than 14 days needs the Director's approval. Refugees may work only with a work permit granted by the Director of Refugee Services; working without one is an offence.

If refugee status is denied, the Director must inform the asylum seeker of the right to petition the Minister for a review within seven days. The petition is made in writing to the Minister, whose decision on it is final. A person whose application has been rejected is treated as an illegal immigrant under the Immigration Act, unless UNHCR has granted mandate refugee status pending resettlement or relocation to another country within a specified period.

Claims are made to authorised officers, village executive officers or justices of the peace near the point of entry; immigration offices and police stations can direct a person to an authorised officer. The Ministry of Home Affairs' Refugees Services Division is the national authority, and the UNHCR office in Tanzania must be informed of each claim and can be contacted by the applicant. Recognised refugees can later apply for some immigration statuses with clearance from the refugee services department, such as Residence Permit Class A-4, B-4 or the free Class C-12.