Asylum Application and Refugee Status

Any person who is within Zimbabwe, whether he has entered Zimbabwe lawfully or otherwise, and who wishes to remain within Zimbabwe as a refugee in terms of this Act shall apply to an authorized officer for recognition of his status as a refugee.

(1) Subject to this section, a person shall be a refugee for the purposes of this Act if- (a) owing to a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, he is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or

(b) not having a nationality and being outside the country of his former habitual residence, he is unable or, owing to a well-founded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion, is unwilling to return to it; or

(c) owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, he is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality;

(2) Subject to subsection (3), if the Minister considers that any class of persons are refugees as defined in paragraph (a), (b), (c) or (d) of subsection (1), he may declare such class of persons to be refugees, and may at any time amend or revoke such declaration:

(2) An authorized officer to whom an application is made in terms of subsection (1) shall(a) if he is not himself an immigration officer, as soon as possible notify an immigration officer that the applicant is within Zimbabwe and has made the application; and (b) within five days after the application was made to him, forward notice of the application, together with any documents or other information which the applicant is able to provide in support thereof, to the Commissioner, who shall without delay refer it to the Committee.

(1) Every police officer and every immigration officer shall be an authorized officer for the purposes of this Act.

"Committee" means the Zimbabwean Refugees Committee established by subsection (1) of section five;

(3) Unless it is impossible or inexpedient to do so, the Committee shall consider every application referred to it in terms of subsection (2) within thirty days of the application being so referred, and may, either within such period of thirty days or thereafter, make such inquiry or investigation as the Committee thinks necessary into any such application.

(4) After considering any advice or recommendation given or made to him by other members of the Committee in relation to any application referred to the Committee in terms of subsection (2), the Commissioner(a) may recognize or refuse to recognize the applicant as a refugee; and (b) shall cause the applicant to be notified of his decision in terms of paragraph (a).

(1) Notwithstanding any other enactment, any person who has applied in terms of section seven for recognition of his status as a refugee, and every member of his family, shall have the right to remain within Zimbabwe(a) until such person has been recognized as a refugee in terms of that section: or (b) in the event of the application of such person being unsuccessful, until such person has had an opportunity to exhaust his right of appeal in terms of subsection (5) of that section; or

no proceedings shall be instituted or continued against any person or any member of his family in respect of his unlawful entry into or unlawful presence within Zimbabwe(a) if such person applies in terms of section seven for recognition of his status as a refugee, until a decision has been made on the application

Every recognized refugee shall, subject to this Act(a) be issued with an identity card in the form prescribed; and (b) be permitted to remain within Zimbabwe in accordance with this Act.

(2) A member of the family of a recognized refugee who has entered Zimbabwe shall, subject to this Act(a) be issued with an identity card in the form prescribed; and (b) subject to subsections (3) and (4), be permitted to remain within Zimbabwe for as long as the recognized refugee concerned is permitted so to remain.

(2) The Minister may, by notice published in the Gazette, designate places and areas in Zimbabwe within which all(a) recognized refugees and protected persons; and (b) persons who have applied in terms of section seven for recognition as refugees; and (c) members of the families of persons referred to in paragraph (b); or any classes thereof, as may be specified in the notice, shall live.

(3) Subject to this Act, every recognized refugee and every protected person within Zimbabwe shall, in respect of wage-earning employment, be entitled to the same rights and be subject to the same restrictions, if any, as are conferred or imposed generally on persons who are not citizens of Zimbabwe:

"Commissioner" means the Commissioner for Refugees referred to in subsection (1) of section four;

(5) Any person who is aggrieved by a refusal by the Commissioner to recognize him as a refugee may, within seven days of being notified of such refusal, appeal in writing to the Minister.

(6) In any appeal in terms of subsection (5), the Minister may confirm or set aside the decision of the Commissioner and shall cause the appellant to be notified of his decision in the matter, and the decision of the Minister shall be final: Provided that, before reaching a decision in an appeal, the Minister may do all or any of the following(a) invite the representative in Zimbabwe of the United Nations High Commissioner for Refugees to make oral or written representations in the matter;