Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide for the cessation of refugee status?

ANALYSIS

Assessment by population

Refugees
Analysis

Although Tanzania’s legal provisions on exclusion from refugee status generally align with international norms, the lack of detailed procedural safeguards raises concerns about fair implementation. The law does not require individualized assessments to determine the applicability of exclusion clauses, nor does it set out the standard of proof, the right to legal representation, or access to appeal mechanisms for those affected. The broad discretionary powers vested in the Minister, combined with limited judicial oversight, increase the risk that exclusion may be applied arbitrarily or without full consideration of international principles such as non-penalization, proportionality, and due process. There is also no clear distinction in the law between exclusion from status and the subsequent removal or expulsion of the individual, which may lead to violations of non-refoulement where individuals are returned to countries where they face a real risk of serious harm. These gaps suggest the need for procedural reform to ensure that exclusion decisions are legally sound, transparent, and consistent with Tanzania’s obligations under international refugee and human rights law.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 4.3 - Definition of Refugee, cessation and exclusion

    A person shall cease to be considered to be a refugee for the purposes of this Act if- (a)he has voluntarily re-availed himself of the protection of the country of his nationality; or (b)having lost his nationality he has voluntarily re-acquired it; or (c)he has acquired a new nationality, and enjoys the protection of the country of his new nationality; or (d)he has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or (e)he can no longer because the circumstances in connection with which he was recognised as a refugee having ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality, or if he has no nationality the country of his former habitual residence; (f)he has committed a serious non-political crime outside his country of refuge after his admission to that country as a refugee; or (g)he has seriously infringed the purposes and objectives of the 1969 OAU Refugee convention governing the "Specific Aspects for Refugee Problems in Africa"; (h)he has involved himself in subversive activities whilst enjoying asylum in Tanzania

    The National Refugee Policy

    Legal provision

    Section 5 - Overview

    Nevertheless, considering that the primary principle of refugee protection is that no one is returned to a country of origin where he or she would face serious harm, the exclusion clauses will be applied objectively and with due regard to the principle of human rights and due process of law. Furthermore, it is also important to observe that asylum and protection are guaranteed for refugees as long as the need for protection continues. The need for international protection may cease when the circumstances in connection with which refugee status was granted have fundamentally and durably changed and national protection can safely be resumed.