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Asylum and Refugee Status

EswatiniHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Eswatini Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is asylum: a statutory refugee-status determination process under the Refugees Act, 2017 (Act No. 15 of 2017), which gives effect to the 1951 UN Refugee Convention, its 1967 Protocol and the 1969 OAU Refugee Convention. It is a formal status-determination mechanism, not a temporary-protection, humanitarian-admission or resettlement scheme.

See recorded sources
Limits of the record
  • Evidence comes from an independent third-party archival mirror of the Government Gazette (ecoi.net), cross-verified byte-identical against a second independent mirror (citizenshiprightsafrica.org); the Eswatini government's own gazette/legal-institute hosting (eswatinilii.org, gov.sz) and UNHCR Refworld returned Cloudflare bot-challenges when fetched directly on 2026-09-14 and could not be independently confirmed from a government-run host.
  • Independent literal and independent review pending.
  • Refugees Act, 2017 (Act No. 15 of 2017), Long Title
    AN ACT to provide for the recognition, protection, assistance and control of refugees by giving effect to the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa; and to provide for matters incidental thereto.

Which population, circumstances or geographic group does the mechanism cover?

The term refugee covers: (a) a person outside their country of nationality who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable or unwilling to avail themselves of its protection, or a stateless person outside the country of former habitual residence unable or unwilling to return for that fear; (b) a person compelled to leave their place of habitual residence owing to external aggression, occupation, foreign domination or events seriously disturbing public order in part or all of the country of origin or nationality; (c) a person in a class determined by the Minister. A person is excluded where there are serious reasons to believe they committed a crime against peace, a war crime, a crime against humanity, or a serious non-political crime outside Swaziland before admission as a refugee. Dependants of a recognised refugee who is head of a family are granted refugee status under the principle of family unity.

See recorded sources
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    4. (1) For the purposes of this Act the term refugee means(a) a person who (i) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of the nationality of that person and is unable, or owing to such fear, is unwilling to avail oneself of the protection of that country; or
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (ii) not having a nationality and being outside the country of the former habitual residence of that person, is unable or, owing to the fear referred to in subparagraph (i), is unwilling to return to that country;
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (b) a person, who owing to external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of the country of origin or nationality of that person, is compelled to leave the place of habitual residence of that person in order to seek refuge in another place outside the country of origin or nationality of that person; or
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (c) a person belonging to a class of persons determined by the Minister to be a refugee as provided in this Act.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (2) A person shall not be considered a refugee under this Act if there are serious reasons to believe that (a) the person has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (b) the person has committed a serious non-political crime outside Swaziland prior to the admission to Swaziland of that person as a refugee.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    10. (1) Where a person recognized as a refugee is the head of a family, that person’s dependents shall be granted refugee status in accordance with the principles of family unity.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

A request for protection can be made to an authorised officer at the border or within Eswatini's territory, verbally or in writing; this is a direct, in-country or at-border application, not a referral-only or resettlement process. A person who has already entered illegally must appear without delay before the nearest authorised officer, who refers them to the office of the Commissioner for Refugees.

See recorded sources
Limits of the record
  • Evidence comes from an independent third-party archival mirror of the Government Gazette (ecoi.net), cross-verified byte-identical against a second independent mirror (citizenshiprightsafrica.org); the Eswatini government's own gazette/legal-institute hosting (eswatinilii.org, gov.sz) and UNHCR Refworld returned Cloudflare bot-challenges when fetched directly on 2026-09-14 and could not be independently confirmed from a government-run host.
  • Independent literal and independent review pending.
  • Refugees Act, 2017, s.9(1)
    A request for protection made to an authorized officer, either at the border or within the territory of Swaziland, shall be considered an asylum application and may be made verbally or in writing.
  • Refugees Act, 2017, s.8(2)
    A person to whom subsection (1) applies shall personally appear before the nearest authorised officer without delay, after the entry into Swaziland and the authorised officer shall refer that person to the office of the Commissioner for Refugees.

What happens after the request: registration, family handling, major support and rights where officially stated?

After the application, the Commissioner for Refugees issues a document showing that the person has applied, valid until refugee status is granted or refused. The application is submitted to the Commissioner and the applicant is invited to an interview with a Refugee Status Determination Officer; an interpreter is provided if the applicant cannot understand the interview language, and adequate arrangements are made for applicants with special needs. Pending determination, a claimant who entered or is present illegally cannot be declared a prohibited immigrant, detained, imprisoned or penalised merely for the illegal entry or presence. The Committee must make a final determination on the merits within 180 days from the date the application is lodged with the authorised officer. An aggrieved applicant may appeal to the National Refugee Appeals Board within 21 days of notification and may remain in the country pending the appeal. Once a person is recognised, the Commissioner facilitates entry of family members under the principle of family unity. The official source does not state material support for applicants during the procedure.

See recorded sources
Limits of the record
  • The Act sections cited do not state material support (accommodation, subsistence, work or health care) for applicants during the procedure.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (2) The Commissioner for Refugees shall issue to the person who makes an application under subsection (1) a document in the prescribed form showing that the person has made an application to be recognised as a refugee and that document shall remain valid until the person is granted or refused refugee status.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (3) The application referred to in subsection (1) shall be submitted to the Commissioner for Refugees and the applicant shall be invited to appear before a Refugee Status Determination Officer for an interview.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (4) Where an applicant who appears before the Refugee Status Determination Officer cannot understand the language used during the interview, the Commissioner for Refugees shall provide that applicant with an interpreter. (5) The office of the Commissioner shall ensure that, during the interview, adequate arrangements are made for asylum applicants with special needs.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    8. (1) Without conflicting anything contained in the immigration laws of the land, a person claiming to be a refugee, who has illegally entered or is illegally present in Swaziland, shall not be declared a prohibited immigrant, detained, imprisoned or penalised in any other way merely by reason of the illegal entry or presence of that person, pending a determination of the application of that person for recognition as a refugee.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (8) The Committee shall consider the recommendation submitted by the Refugee Status Determination Officer and make a final determination on the merits of the asylum claim within 180 days from the date the application is lodged with the authorized officer.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (11) An applicant who is aggrieved by a decision of the Committee may, within 21 days of notification of the decision, appeal to the National Refugee Appeals Board.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (12) Pending the conclusion of the appeal under subsection (11), the applicant shall be permitted to remain in the country under the provisions of this Act.
  • https://www.ecoi.net/en/file/local/2013074/5d31b3f64.pdf
    (3) Where a person is recognized as a refugee, the Commissioner shall, in accordance with the principle of family unity, facilitate entry into the country for members of the family of that refugee.

Which competent authority, UN body or official assistance channel should the person use?

The competent authority is the Commissioner for Refugees, with a Deputy Commissioner, both appointed by the Civil Service Commission; the Commissioner is responsible for all issues pertaining to refugees, formulates and implements refugee policies and programmes, and generally safeguards the welfare of refugees. Asylum decisions are made by the National Refugee Advisory Committee, which considers the recommendations of the Commissioner's office and grants or rejects asylum. The Committee includes a representative of a non-governmental organisation with experience in refugee protection and a representative of the United Nations High Commissioner for Refugees (UNHCR) as an observer with no right to vote.

See recorded sources
Limits of the record
  • The Act gives no contact channel (address, office location) for the Commissioner for Refugees.
  • No official fraud or scam warning appears in the captured source.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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