Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide for fair asylum procedures on appeal?

ANALYSIS

Assessment by population

Assessment by population
Asylum-seekers
Analysis

Tanzania’s legal framework, primarily the Refugees Act No. 9 of 1998, provides the basic structure for asylum procedures, including application, determination, and review. However, the Act does not comprehensively guarantee core procedural safeguards such as the right to legal representation, access to interpreters, personal interviews, or a robust and independent appeals mechanism. The law focuses more on administrative discretion and centralized authority rather than establishing clear rights-based procedural guarantees for asylum-seekers.

While the Act does allow asylum-seekers to remain in Tanzania pending a decision on their application and provides a limited avenue to appeal a negative decision through a review by the Minister for Home Affairs, this appeal lacks independence and transparency. There is no formal provision for legal aid or guaranteed access to legal representation at any stage of the process, nor is there explicit guidance on how hearings should be conducted, how evidence should be evaluated, or how decisions should be communicated to applicants.

As a result, while the law allows for the functioning of an asylum procedure, it does not enshrine sufficient procedural safeguards to ensure the fairness, transparency, and accountability of the process in line with international standards, such as those outlined in the UNHCR Handbook or the African Union’s guidelines on asylum systems.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 9.7 - Determination of status

    Any person dissatisfied by the decision of the Minister… may petition for a review to the Minister within seven days.

    Section 9.8 - Determination of status

    Any petition under sub-section (7) of this section shall be submitted in writing to the Minister whose decision on the matter shall be final.

    Section 9.9 - Determination of status

    Any person whose application for refugee status and asylum has been rejected in accordance with this section, shall be deemed to be an illegal immigrant and shall be dealt with in accordance with the provisions of The Immigration Act, 1995 unless such person has been accorded a mandate refugee status by UNHCR pending his resettlement or relocation by UNHCR to another country within a specified period.