Date of publication:

01/08/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide for derivative refugee status for accompanying family members of recognized refugees?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

​ Tanzania’s legal framework for refugee protection, primarily the Refugees Act of 1998, provides mechanisms for family reunification but does not explicitly grant derivative refugee status to accompanying family members of recognized refugees. In practice, the Refugees Act establishes procedures for the reunification of family members separated during displacement. These procedures allow refugees to request the inclusion of their family members in their protection status, ensuring that family unity is prioritized.

While the law facilitates the reunification of family members by allowing them to join recognized refugees in Tanzania, it does not automatically extend refugee status to those family members who arrive later. Instead, each family member must undergo the asylum process individually, which includes determining their eligibility for refugee status based on the established criteria. This approach means that family members seeking asylum must prove their own need for protection, rather than being granted derivative status based solely on their relationship to a recognized refugee.

Despite the lack of derivative status, Tanzania’s commitment to family unity is reflected in the practical application of its laws. Family members of refugees are typically granted protection and residence in Tanzania once they are successfully reunited, even if they must go through a separate refugee determination process. This ensures that families are able to live together while maintaining the overall refugee protection framework.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 35.4 - Family Re-union

    For the purposes of this Act, members of a family shall only include a husband or wife lawfully married and their children who are below 18 years of age and any dependent as ascribed by the Immigration Act, 1995.

    Section 35.1 - Family Re-union

    A recognised refugee resident in Tanzania who wishes to join or to be joined by any member of his family outside or within Tanzania respectively shall make application for family re-union to the Minister through the UNHCR or the Director who shall submit the application to the Committee which shall recommend to the Minister whether to allow the family re-union or not provided that such family re-union shall not take place before permission is granted under this section. Failure to abide to this provision shall be an offence under this Act.

    Section 35.2 - Family Re-union

    Any affected or aggrieved person by the decision of the Minister refusing or granting family re-union may file a petition for review to the Minister.

    Section 35.3 - Family Re-union

    Where there is disunity in the family of a refugee as a result of divorce, separation, death et cetera any member of that family may remain in Tanzania and shall have to apply within a maximum period of 2 years from the time of disunity of the family for the acquisition of the refugee status on his own right or for a legalization of the residence in Tanzania under the Immigration Act, 1995, failure of which shall be an offence under this Act provided that where such application has been made he can remain in Tanzania until the final decision of the application is made.