Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide access to asylum procedures for people seeking asylum?

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

Tanzania’s asylum system is governed by the Refugees Act No. 9 of 1998, which sets out the legal procedures for refugee status determination (RSD). The Act outlines how asylum-seekers can make claims, how those claims are processed, and which authorities are responsible for making decisions. In theory, the law provides for access to a structured and formal RSD procedure, including the right to apply for asylum, the establishment of a National Eligibility Committee (NEC) to assess claims, and the possibility to appeal negative decisions.

The process begins when an individual makes their intention to seek asylum known to immigration or police authorities. The application is then forwarded to the NEC, which evaluates the claim and recommends a decision to the Minister responsible for Home Affairs, who has the final say. Asylum-seekers are allowed to remain in the country pending the outcome of their case, and the law provides for temporary admission during the process.

 

    LAW & POLICY

    Related provisions of domestic law or policy

    The National Refugee Policy

    Legal provision

    Section 9 - Determination of Refugee Status

    Tanzania has a tradition of providing a safe haven to people who flee persecution and conflicts in their countries of origin. It is or this reason that the system of refugee status determination has been put in place to assist the government to offer the required protection to those who deserve. In granting refugee status, the government decides on an applicable procedure (through individual status determination or declaration of a group basing on factors which forced asylum-seekers to flee and seek asylum). So far the government has been using the individualized system of status determination which works well despite the fact that resources have continued to be the major obstacle in making it more efficient and effective. For large influxes it has been more convenient to use the group recognition or the prima facie approach through Ministerial Orders issued by the Minister responsible for refugee affairs. The government of Tanzania will work out mechanisms that will require all refugees to present themselves to authorized officers for documentation.

    The Refugee Act

    Legal provision

    Section 9.6 - Determination of status

    The Committee shall- (a)have before it application forms, statements, transcripts and any additional information previously given by the applicant to the authorised officer and the UNHCR representative in Tanzania; (b)if deemed appropriate investigate and seek all relevant information from appropriate sources within and outside the country, provided that the authorities of country of origin shall not be contacted by the Committee; (c)be at liberty to summon the applicant before it whenever deemed necessary to clarify or answer questions pertaining his claim for refugee status and, or asylum. (d)if deemed necessary call any other person to appear before it and may consider any other relevant or written submissions; (e)the recommendations of the Committee shall be referred to the Minister who without delay shall decide on the recommendations and shall cause the applicant to be informed of his decision through the Director; (f)the Director shall inform the UNHCR representative in Tanzania of the Minister's decision without delay; (g)where refugee status has been denied the Director shall inform the asylum seeker of his right to petition for a review to the Minister within seven days in accordance with sub-section (7) of this section; (h)in dealing with application under this section the asylum seeker may be permitted to bring along a competent interpreter if necessary.