Asylum in Zambia

Any person seeking asylum in Zambia can be issued an asylum seeker's permit by the Department of Immigration. The Department lists this permit alongside its other immigration permits; it is the document that regularises the person's presence while the claim is examined.

The Refugees Act 2017 defines a refugee as a person outside their country who has a well-founded fear of persecution because of race, religious beliefs, nationality, membership of a particular social group or political opinion, and stateless people in the same situation; it also protects people fleeing external aggression, occupation, foreign domination or events seriously disrupting public order, in line with the 1969 OAU Convention.

Only a national registration card and a passport are requested, and only if available. A lack of documents does not prevent issue of the permit under the Department's published requirements.

A person who is in Zambia and wants to remain as a recognised refugee applies within seven days of entering the country to the Commissioner for Refugees or to an authorised officer, whether they entered lawfully or not. At a port of entry, an immigration officer can issue an asylum seeker's permit valid for up to 30 days; under section 31 of the Immigration and Deportation Act, a holder who does not report to the refugee authorities within those 30 days becomes an illegal immigrant.

An authorised officer who is not an immigration officer notifies an immigration officer within five days and passes the file to the Commissioner within 30 days. The Commissioner refers the application to the committee, which must consider it within 60 days and may make its own inquiries. The Commissioner then decides and informs the applicant in writing within seven days, giving reasons in case of refusal.

Asylum seekers are accommodated in refugee reception areas designated by the Minister, while recognised refugees live in refugee settlements. The applicant and their dependants have the right to remain in Zambia until recognised or, after a refusal, until the right of appeal has been exhausted.

The Commissioner must exclude anyone with reasonable grounds to believe they committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime outside Zambia, engaged in subversive acts against any state, are combatants, or receive protection from a UN agency other than UNHCR. Status is also refused to a person who already has refugee status elsewhere, or who passed through other countries without reasonable cause for not seeking asylum there, although applicants arriving from territories with a serious breach of peace are still considered.

Recognised refugees and their dependants aged 16 or older receive identity cards and may remain in Zambia. With that card a refugee can be issued a work or study permit and is treated like other foreign nationals in employment and education; children of refugees attend primary school without a study permit. Refugees may set up companies and be self-employed, have free access to the courts with the same legal aid as citizens, and can obtain a refugee travel document through the Department of National Registration, Passport and Citizenship. No refugee or asylum seeker may be returned to a country where they face persecution, except on national security grounds.

A person refused recognition may appeal to the Minister in writing within 14 days of receiving the Commissioner's decision; the Minister can accept a late appeal if there was justifiable cause. The Minister may refer the case back to the committee or make further inquiries, then confirms or sets aside the decision and gives reasons. If the appeal fails, the person may be allowed to remain for up to three months to seek admission to another country.

Questions can be directed to the Department of Immigration's contact centre (+260 211 428800) or its public relations office (+260 211 255282).