Asylum Seeker's Permit

An Asylum Seeker’s Permit is issued to a person seeking asylum in Zambia and is valid for a period of thirty (30) days from the date of issue.

“asylum” means shelter and protection granted by the Government to persons seeking refugee status in accordance with the provisions of this Act;

“refugee” means a person who owing to— (a) a well-founded fear of being persecuted for reasons of race, religious beliefs, nationality, membership of a particular social group or political opinion is outside the country of nationality and is unable, or owing to that fear is unwilling, to be protected by that country; (b) not having a nationality and being outside the country of that person’s former habitual residence is— (i) unable to return to that country; or (ii) unwilling to return to that country due to a wellfounded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion; Refugees [No. 1 of 2017 9 (c) external aggression, occupation, foreign domination or serious disturbance of public order in part or the whole of that person’s country of origin or nationality, is compelled to leave that person’s place of habitual residence in order to seek refuge in a place outside that person’s country of origin or nationality; or (d) internal conflict, generalised violence, massive violation of human rights or other circumstances that have seriously disturbed public order in that person’s country of origin, that person’s life, safety or freedom has been threatened;

11. (1) An asylum seeker or a person who is within Zambia, whether that person has entered Zambia lawfully or otherwise, and wishes to remain in Zambia as a recognised refugee under this Act may, within seven days of entering Zambia, apply for recognition as a refugee to the Commissioner or an authorised officer.

64. An asylum seeker who, upon entering Zambia with intention to seek asylum, fails to report immediately to a refugee officer or authorised officer to register and submit an application for recognition as a refugee commits an offence.

The 30 days given are to allow for refugee status determination.

National Registration Card (if available) and Passport (if available).

(2) The Commissioner or an authorised officer, shall, within thirty days of the receipt of an application made under subsection (1), submit the application to the Committee. (3) An authorised officer to whom an application is made under subsection (1) shall— (a) where the authorised officer is not an immigration officer, within five days of receipt of the application, notify an immigration officer that the applicant is within Zambia and has made the application; and (b) within thirty days of receiving the application, submit the application with any documents or information in support of the application to the Commissioner who shall, upon consideration of the application and determination that it should be referred to the Committee, submit it to the Committee.

(4) Despite section 22 of the Immigration and Deportation Act, 2010, or any other written law, a person who applies for recognition as a refugee under this section and a dependant of that person has the right to remain in Zambia— (a) until that person is recognised as a refugee; or (b) where the application for recognition as a refugee is rejected, until that person has had an opportunity to exhaust that person’s right of appeal under section 15.

12. (1) The Committee shall, within sixty days of receiving an application for refugee status, forwarded to it under section 11, consider the application and make recommendations to the Commissioner in relation to that application as it considers fit.

13. The Commissioner may, after considering the recommendation of the Committee made pursuant to section 12 on an application, recognise the applicant as a refugee if the applicant meets the requirements of this Act and shall, within seven days of the decision, inform the applicant accordingly, in writing.

“Committee” means the Refugee Status Determination

3. (1) There is established the Office of the Commissioner for Refugees within the Ministry responsible for home affairs.

“Commissioner” means the Commissioner for Refugees