Date of publication:

01/08/2026

United Republic of Tanzania (the)

Do domestic laws and policies prescribe the use of alternatives to detention for immigration-related reasons?

ANALYSIS

Assessment by population

Refugees
Analysis

Tanzania has historically been a destination and transit country for migrants, refugees, and asylum seekers, particularly from neighboring countries. The primary legislation governing immigration is the Immigration Act of 1995, which criminalizes unauthorized entry, stay, and departure. The Act allows for the detention of individuals found in violation of its provisions, with penalties including fines and imprisonment. Notably, the Act lacks explicit provisions for alternatives to detention, such as bail or supervised release, resulting in the routine detention of irregular migrants. Detention facilities are often local police stations, prisons, and remand homes, as Tanzania does not have dedicated immigration detention centers. ​ 

The Refugees Act of 1998 governs the management and protection of refugees in Tanzania. While the Act outlines procedures for the recognition and rights of refugees, it does not explicitly prescribe alternatives to detention for asylum seekers or refugees who may be detained under immigration laws. This legal gap contributes to the detention of individuals seeking international protection without consideration of non-custodial measures.​

    LAW & POLICY

    Related provisions of domestic law or policy

    Immigration Act

    Legal provision

    Section 23.1 - Meaning of "prohibited immigrant"

    The expression "prohibited immigrant" means any person who, if he seeks to enter Tanzania is, or if he has entered Tanzania was at the time of his entry, or is- (a) a destitute person; (b) mentally defective or a person suffering from mental disorder; (c) a person- (i) who refuses to submit to examination by a medical practitioner after having been required to do so under the provisions of paragraph (c) of subsection (1) of section 5; (ii) who is certified by a medical practitioner to be suffering from a contagious or infections disease which makes or which would make his presence in Tanzania dangerous to the public; (d) a person who, not having received a free pardon, has been convicted in any country other than Tanzania of murder or any offence for which a sentence of imprisonment has been passed for any term and who, by reason of the circumstances connected therewith, is considered by the Minister to be an undesirable immigrant; but this provision shall not apply to offences which, in the opinion of the Minister, are of a political character not involving moral turpitude; (e) a prostitute or a person who is living on or receiving, or who, prior to entering Tanzania, lived on or received, the proceeds of prostitution; (f) a person whose entry into or continued presence in Tanzania is, in the opinion of the Minister of the Director, undesirable and is declared by the Minister or the Director to be a prohibited immigrant; except that every declaration of the Director under this paragraph shall be subject to confirmation by the Minister, whose decision shall be final; (g) a person against whom there is in force a deportation order or any order for deportation or expulsion from Tanzania made under the provisions of any law for the time being in force; (h) a person whose presence in or entry into Tanzania is unlawfully under any law for the time being in force; (i) a dependent of a person to whom any of the preceding paragraphs of this definition apply; (j) a person who is dealing in dangerous drugs.

    Section 31.1 - Offences

    (i) unlawfully enters or is unlawfully present within Tanzania in contravention of the provisions of this Act;