Tanzania
Refugees Act, 1998
Chapter 37
- Published in Government Gazette
- Assented to on 24 January 1999
- Commenced on 15 April 1999
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-4)
1. Short title
This Act may be cited as the Refugees Act.2. Application
This Act shall apply throughout the United Republic of Tanzania.3. Interpretation
In this Act, unless the context otherwise requires—"area" means when a competent authority is a Regional Commissioner, the region of which he has the charge; and when the competent authority is a District Commissioner, the district of which he has the charge;"asylum" means shelter a granted by the Government to persons qualifying for refugee status in accordance with the provisions of this Act;"asylum seeker" means a person seeking refugee status in accordance with the provisions of this Act and in accordance with other International Conventions relating to refugee matters of which Tanzania has acceded to;"authorised officer" means the Director of Refugee Services, refugee officer, a settlement officer or immigration officer;"Committee" means the National Eligibility Committee established under section 6 of this Act;"competent authority" means a Regional Commissioner and for the purpose of sections 10, 11, 13 and 14 includes a District Commissioner;"dependant" has the meaning ascribed to it by the Immigration Act, 1995;"designated areas" means an area declared as such by the Minister or competent authority under subsections (1), (2) and (3) of section 16;"Director" means the Director of Refugee Services appointed under section 5 of this Act;"family" includes husband or wife or a lawfully recognised spouse, children below 18 years and any person living with the asylum seeker or refugee as a dependant;"lock up" means any facility for holding or detaining remanded asylum seekers and refugees within the designated areas;"Minister" means the Minister for the time being responsible for refugees matters;"OAU" means the Organisation of African Unity;"reception area" means an area declared as such by the Minister under section 16(1);"Refugee Officer" means an officer responsible for refugees matters under this Act and answerable to the Director;"refugee settlement" means a refugee settlement established in accordance with section 16(3);"settlement officer" means a person appointed to be in charge of a designated area;"Trust" means Tanzania Refugee Trust established under section 15 of this Act;"UN" means the United Nations;"UNHCR" means United Nations High Commissioner for Refugees.4. Definition of refugee, cessation, exclusion
Part II – Administration provisions (ss. 5-9)
5. Director of Refugee Services
6. Establishment of a Committee
7. Functions of the Committee
The functions of the Committee shall be as follows—8. Ad-hoc Committee
9. Determination of status
Part III – Provisions applying to refugees generally (ss. 10-14)
10. Places of entry or departure and routes
11. Surrender of weapons
12. Permit to remain in Tanzania
13. Detention and slaughter of animals
14. Possession of vehicle of asylum seeker or refugee
The competent authority may take, or authorise an authorised officer to take, possession of any vehicle in which any person whom he has reasonable cause to believe to be an asylum seeker or a refugee arrived in his area and authorise its use in the area for the purpose of moving asylum seekers or refugees or any store or equipment for their use:Part IV – Special provisions which may be applied to refugees (ss. 15-21)
15. The Refugees' Trust Fund
16. Designated area
17. Requirement to reside in a designated area
18. Control of designated area
19. Administration of a designated area
20. Restriction on persons entering designated area or addressing asylum seekers or refugees in such areas
21. Powers of competent authorities outside their areas
Part V – Miscellaneous provisions (ss. 22-37)
22. Mode of giving rule, order or direction
Any rules, orders or directions made by the Minister under this Act shall be in the Government Gazette. Any other rules, orders or directions given by an authorised officer other than the Minister may be published in such manner as the authority making the same considers appropriate in order to bring the same to the notice of the persons to whom they apply or who are affected thereby but, shall not be required to be published in the Gazette provided that any such rule, order or direction which is applied or directed to any individual person shall, if in writing, be served on, and if not in writing, be given to, the person or group of persons affected.23. Communication between the Minister, the Director and competent authority and asylum seeker or refugee
24. Offences and penalties
25. Prevention, arrest, search, seizure and investigation
26. Use of force to effect arrest
An authorised officer or any to person acting with the authority of an authorised officer may use such force as may be necessary to compel any asylum seeker or refugee with any order or direction, whether oral or in writing, given under or pursuant to the provisions of this Act:Provided that before any force is used an authorised officer or any person acting with the authority of an authorised officer shall inform the asylum seeker or refugee that he is about to use force to compel him to comply with any order or direction.27. Detention of asylum seeker or refugee
28. Deportation of asylum seeker or refugee
29. Protection of bona fide act
30. Registration of asylum seekers and refugees
31. Education for refugees
32. Work permit for refugees
33. Payment of taxes
Any asylum seeker or refugee residing in Tanzania shall be liable to pay any taxes according to the laws of this country.34. Voluntary repatriation
35. Family re-union
36. Resettlement
37. Repeal of Act No. 2 of 1966
[Repeals the Refugees Control Act.]History of this document
31 July 2002 this version
Consolidation
15 April 1999
Commenced
Read this version
24 January 1999
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Refugees (Revocation) Notice, 2017 | Government Notice 9 of 2017 |
Cited documents 5
Legislation 5
1. | Magistrates’ Courts Act | 58 citations |
2. | Criminal Procedure Act | 50 citations |
3. | Preventive Detention Act | 24 citations |
4. | Immigration Act, 1995 | 8 citations |
5. | Trustees' Incorporation Act | 2 citations |