Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies prohibit the penalization of asylum-seekers and refugees for irregular entry or presence?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Tanzania’s domestic laws do prohibit the penalization of refugees and asylum-seekers for irregular entry or unlawful presence, provided they present themselves to authorities without delay and show good cause for their entry. This aligns with Article 31 of the 1951 Refugee Convention, which protects refugees from penalties for unlawful entry or stay if they come directly from a territory where their life or freedom was threatened and they promptly present themselves to authorities.

The Refugees Act No. 9 of 1998 includes a specific provision that shields asylum-seekers from prosecution for illegal entry or stay under the Immigration Act, as long as they seek asylum without undue delay. This is a critical safeguard, particularly in regions like East Africa where refugees often flee without proper documentation or through unofficial border crossings.

In practice, however, the application of this provision can be inconsistent. Refugees and asylum-seekers—particularly those outside designated camps or who delay in seeking asylum—may be subject to arrest, detention, or deportation under immigration laws. Additionally, law enforcement officers may lack adequate training on refugee protection principles, leading to the criminalization of individuals who should be protected under refugee law.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 9.3 - Determination of status

    Without prejudice to the provision of this section no person claiming to be a refugee within the meaning of section 4 shall merely for reasons of his illegal entry be declared a prohibited immigrant, detained or penalized in any other way save that any person who after entering Tanzania or who is within Tanzania fails to comply with subsection (1) of this section shall be guilty of an offence.