THE IMMIGRATION ACT, Cap. 54 (RE: 2002)
An Act to provide for
the control of immigration into the United Republic and for matters relating to
immigration.
[1st February, 1998]
[G.N. No. 51 of 1998]
Acts Nos.
7 of 1995
27 of 1997
G.N. No. 253 of 1996
PART I: PRELIMINARY
PROVISIONS (ss 1-3)
1. Short title
This Act may be cited as the Immigration Act.
2. Application
(1) This Act shall extend to Tanzania Zanzibar as well as to
Mainland Tanzania.
(2) Subject to this section this Act shall not apply to any citizen
of Tanzania, except that–
(a) an immigration officer may exercise any of the powers
conferred upon him by or under this Act, in relation to any person who is a
citizen of Tanzania in so far as the exercise of that power is necessary to
determine the status of that person as such; and
(b) a person who is a citizen of Tanzania shall be liable to
be proceeded against, convicted and punished for an offence under this Act in
respect of any obstruction of, or otherwise in relation to the exercise, by an
immigration officer, of his powers under this Act, or for an offence under this
Act in relation to a person to whom this Act applies generally; and
(c) regulations made under paragraph (e), (m), (n), (o) and
(p) of subsection (1) of section 33, and in pursuance of subsection (2) of that
section, may be applied to persons who are citizens of Tanzania, and to that
extent and for those purposes the provisions of this Act and of regulations
shall apply to citizens of Tanzania.
(3) The Minister may, in relation to any category or
description of persons who are not citizens of Tanzania, make regulations
exempting those persons from all or any of the provisions of this Act and–
(a) providing for the control of immigration of such
persons, whether by requiring them to comply with any such regulations before,
on or after entering Tanzania or by prohibiting or regulating the entry into
Tanzania of such persons, or otherwise;
(b) providing for the registration and identification of
such persons for the purpose of the control of immigration, and for all matters
incidental thereto;
(c) applying, with or without modification all or any of the
provisions of this Act and of any regulations made hereunder to such persons.
(4) Regulations made under subsection (3)–
(a) may impose, for their breach, penalties of a fine not
exceeding sixty thousand shillings or imprisonment for a term not exceeding one
year or both that fine and imprisonment; and
(b) shall be laid before the National Assembly.
3. Interpretation
In this Act, unless the context requires otherwise–
"alien immigrant"
means any person who is not a citizen of Tanzania;
"Board"
means the Alien Immigrants Board established by section 17;
"child"
includes a child adopted under the Adoption Act or the Adoption of Children Decree
of Zanzibar, but does not include–
(a) a child adopted otherwise than under the Adoption Act *
or the Adoption of Children Decree unless the Minister is satisfied that the
circumstances of the adoption were such as substantially to satisfy the
requirements of subsection (1), (2), (3), and (4) of the Adoption Act * or, as
the case may be, of the Adoption of Children Decree; or
(b) a married woman; or
(c) any person who has attained the age of eighteen years;
"dependant"
means a person who is materially dependent upon the earnings of another;
"deportation
order" means an order made under section 14;
"destitute person"
means a person who, in the opinion of the Director of Immigration Services, is
incapable of supporting himself or his dependants;
"Director"
means the Director of Immigration services appointed under section 4, and
includes any person exercising the powers of the Director duly delegated to him
pursuant to section 5;
"immigration
officer" means any immigration officer of any grade appointed under
subsection (3) of section 4, and includes the Director;
"magistrate"
means in the case of Mainland Tanzania a resident magistrate, in the case of
Zanzibar, a chairman of the People's Court;
"medical
practitioner" means a medical practitioner registered or licensed
under the Medical Practitioners and Dentists Act *, and appointed by the
Director of Medical Services to act under this Act;
"Minister"
means the Minister for the time being responsible for matters relating to
immigration;
"pass"
means a valid pass issued or deemed to have been issued under the provisions of
any regulations made under this Act;
"passport"
means a valid passport issued to a person by or on behalf of the Government or
State of which he is a subject or valid travel document issued to a person by
an authority recognised by the Government of the United Republic; such passport
or document being complete and having attached to it a photograph of the holder
and having endorsed on it all particulars, endorsements, photographs and visa required
from time to time by the Government or authority issuing that passport or
document and by the government of the United Republic and by any regulations
for the time being in force in Tanzania in that behalf:
Provided that when the Government or authority issuing that
passport has exempted the holder from the requirement of attaching a photograph
to the passport then that passport shall be valid without the photograph;
"police officer"
means any member of the Police Force of or above the rank of constable;
"prohibited
immigrant" has the meaning ascribed to that expression in section 10;
"residence permit"
means a valid permit issued or deemed to have been issued under the provisions
of section 19, section 20 or section 21;
"ship"
includes any vessel, tug, lighter or boat of any kind whether propelled by
steam or in any other way or towed.
PART II: APPOINTMENTS AND
POWERS (ss 4-9)
4. Appointment of
Director, etc.
(1) There shall continue to be established the Office of the
Director of Immigration Services and the President shall appoint upon such
terms and conditions as he may specify in the instrument of appointment, a
public officer to that office.
(2) The Director shall be the chief executive officer of the
Immigration Division and shall, in that behalf, be answerable to the Minister.
(3) There shall be appointed such number of immigration
offices as may be necessary for the proper and efficient administration of this
Act.
5. Delegation of
functions and powers of Director
(1) Subject to any general or specific directions given by
the Minister in that behalf, the Director may, in writing and subject to such
restrictions reservations, exceptions or conditions as he may impose, delegate
to any immigration officer all or any of the powers conferred upon him by or
under this Act; but no such delegation shall prevent the exercise by the
Director of any power so delegated.
(2) The Director may at any time, by writing under his hand,
revoke or vary his delegation under subsection (1) of all or any of the powers included
in the delegation.
(3) Any exercise by an immigration officer of any power
conferred upon the Director by or under this Act and delegated to him under
subsection (1) shall be deemed, unless the contrary is proved, to be the
exercise of that power as so delegated.
6. Functions of
Immigration Officer
Every immigration officer shall perform such functions and
duties as are imposed on him by or under this Act, or as may be determined by
the Director, from time to time.
7. General Powers of
Immigration Officer
Without prejudice to the generality of section 6, and for
the purpose of the better administration of this Act, any immigration officer
may–
(a) interrogate, or scrutinise the passport of any person
who desires to enter or leave Tanzania or any person who he has reasonable
grounds for believing to be a prohibited immigrant and, when he has reason to
suspect any infringement of any provision of this Act, or any regulations made
hereunder, interrogate, or scrutinise the passport of, any person who he believes
can give information regarding such infringement;
(b) require any person who has entered or who desires to
enter or leave Tanzania to make and sign any prescribed form of declaration or
to submit himself to examination by a medical practitioner;
(c) require the master of a ship, the captain of an
aircraft, the guard of a train or the person in charge of a vehicle arriving
from or leaving for any place outside Tanzania to furnish a list in duplicate,
signed by himself or his agent or other person authorised to do so on his
behalf, of the names of all persons in the ship, aircraft, train or vehicle and
to furnish such other information as may be prescribed;
(d) if he has reasonable cause to suspect that any person
has contravened any of the provisions of this Act or of any regulations made
hereunder or that the presence in Tanzania of any person is unlawful, and if he
is of opinion that in order to prevent justice from being defeated it is
necessary to arrest such person immediately arrest any such person without
warrant, and being him or cause him to be brought before a magistrate as soon
as is practicable;
(e) require the production to him of any proof or evidence
which he may consider necessary to substantiate any statement, either verbal or
written, made for the purpose of obtaining any permit, pass or other
authorisation which may be issued under the provisions of this Act;
(f) enter upon any premises at all reasonable hours and
investigate any matter relating to immigration;
(g) require any person to produce to him any document which
such person may be carrying or conveying.
8. Powers of arrest
(1) Any immigration officer may, without warrant, arrest any
person whom he reasonably suspects to be a prohibited immigrant or to have
contravened or to be about to contravene any of the provisions of this Act.
(2) If the Director is satisfied that any person entering
Tanzania has been made the subject of an order of deportation by the Government
of any other state or territory and is in transit to the country to which he is
to be deported, he may order that that person be detained for such period as
may be necessary to enable him to continue on his journey to that country, and
while so detained that person shall be deemed to be in lawful custody.
9. Powers of search
For the purposes of discharging his functions under this
Act, an immigration officer may–
(a) without warrant, stop, enter, board and search any
aircraft, train, vehicle, vessel, ship, building, premises, godown, container,
boat or any part of Tanzania;
(b) without search warrant, stop, enter board and search any
aircraft, train, vehicle vessel, ship or any part leaving or entering Tanzania
in regard to goods carried therein.
PART III: PROHIBITED IMMIGRANT
(ss 10-14)
10. Meaning of "prohibited immigrant"
(1) 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–
(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 section 7;
(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 or the Director, undesirable and
who 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
unlawful under any law for the time being in force;
(i) a person who is dealing in dangerous drugs.
(j) a dependant of a person to whom any of the preceding
paragraphs of this definition apply.
(2) If at any time a person ceases to be a person to whom
the provisions of subsection (1) apply, he shall immediately cease to be
prohibited immigrant.
11. Entry, etc., of
prohibited immigrants
(1) Subject to subsection 2, the entry and presence in
Tanzania of any prohibited immigrant shall be unlawful.
(2) The provisions of subsection (1) shall not apply to any
prohibited immigrant who is the holder of a valid permit or pass issued or
deemed to have been issued to him under the provisions of this Act unless that
permit or pass has been revoked.
12. Arrest and
expulsion of prohibited immigrants
(1) Subject to the provisions of this Act, any immigration
officer or any police officer may prevent any prohibited immigrant from
entering Tanzania and may, without warrant, arrest any prohibited immigrant or
any person who he has reasonable cause to suspect of having entered Tanzania
while being a prohibited immigrant otherwise than in accordance with the
provisions of this Act.
(2) Any person arrested under the provisions of subsection
(1) shall, without delay, be brought before a magistrate; except that–
(a) where the ship, being a sea-going vessel, or the
aircraft, from which such person disembarked is about to depart, he may,
instead of being brought before a magistrate, be handed over to the custody of
the master of the ship or the captain of the aircraft unless he sooner demands
to be taken before a magistrate; or
(b) where such person entered Tanzania overland or by inland
waters, he may, instead of being brought before a magistrate be conducted to
and placed across the frontier unless he sooner demands to be taken before a
magistrate; or
(c) where such person has been declared a prohibited
immigrant in Tanzania, he may instead of being brought before a magistrate, be
placed in custody until he boards a ship or aircraft or obtains any other means
of transport conveying him to any place outside Tanzania.
13. Liability for
bringing prohibited immigrants into Tanzania
(1) The person in charge of any aircraft, train, vehicle or
ship bringing into Tanzania and person found, on appearing before an
immigration officer, to be a prohibited immigrant, and the owners, agents and
charterers in Tanzania of that aircraft, train, vehicle or ship, shall upon
being required by an immigration officer to do so, remove that prohibited
immigrant from Tanzania and in default, pay to the Government all expenses
incurred by the Government in connection with the transport and maintenance of
the prohibited immigrant and his deportation from Tanzania.
(2) The amount of the expenses referred to in subsection (1)
shall be a debt due to the United Republic and shall be recoverable by a suit
brought in the name of the Director in any court of competent jurisdiction.
14. Deportation
(1) Any person, other than a citizen of Tanzania, whose
deportation is recommended by the Director consequent upon his conviction for
an offence against any of the provisions of this Act may be deported from
Tanzania pursuant to an order under the hand of the Minister.
(2) The Minister may make an order requiring–
(a) any prohibited immigrant (other than a prohibited
immigrant who is the holder of a valid pass or other authorisation issued to
him under this Act); or
(b) any person whose entry into Tanzania was, or presence
within Tanzania is, unlawful; or
(c) any person, other than a citizen of Tanzania, whose
conduct or continued presence in Tanzania is, in the opinion of the President,
likely to be a danger to peace and good order in Tanzania or is for any other
reason undesirable, to be deported from and remain out of Tanzania, either
indefinitely or for the period specified in the order.
(3) Any order made under subsection (1) or (2) shall be
carried into effect in such manner as the Minister may direct.
(4) A person against whom a deportation order is made may,
if the Minister so directs, while awaiting deportation and while being conveyed
to the place of departure, be kept in custody, and while so kept shall be deemed
to be in lawful custody.
(5) Where any person is brought before a court under the
provisions of this Act and the court is informed that an application for an
order under this section has been made in respect of him, the court may direct
that, that person be detained in custody for any period not exceeding twenty
eight days.
(6) A deportation order shall remain in force for the period
specified therein, unless sooner varied or revoked by the Minister, or, if no
period is so specified, until varied or revoked by the Minister.
(7) Where a deportation order under this section is made
against a person serving a sentence of imprisonment the order shall, if the
President so directs, be implemented notwithstanding that the full term of
imprisonment has not been served, and any such direction by the President shall
be sufficient authority for the release of that person from prison for the
purpose of his deportation.
PART IV: CONDITIONS OF ENTRY
AND RESIDENCE (ss 15-27)
15. Prohibition on
entry without passport, permit or pass
(1) Subject to subsections (2) and (3), no person to whom
this section applies shall enter Tanzania from any place outside Tanzania or
remain in Tanzania unless–
(a) he is in possession of a valid passport; and
(b) he is the holder of or his name is endorsed upon, a
residence permit issued under the provisions of this Act; or
(c) he is the holder of, or his name is endorsed upon, a
pass issued under the provisions of this Act.
(2) Notwithstanding subsection (1), the Director may, in any
particular case allow any person to enter Tanzania without a passport, subject
to such conditions as he may impose.
(3) The Minister may exempt any person or category of
persons from the requirement of possessing a passport.
(4) Where any permit or pass or any endorsement on a permit
or pass is cancelled and no further permit or pass is issued or endorsement
made, the presence in Tanzania of the former holder of that permit or pass or
of the person whose name was endorsed on that permit or pass, as the case may be,
shall not be unlawful by reason only of the provisions of subsection (1) before
the date or during the period commencing with, the expiry or cancellation, as
may be provided for in relation to permits, passes or endorsements, on permits,
passes or endorsements of the relevant category, by regulations made under
section 33, unless the Minister directs otherwise.
(5) The provisions of paragraphs (a) and (b) of subsection
(1) shall apply to every person other than–
(a) the envoy or other representative of a foreign sovereign
power accredited to Tanzania, and members of the official staff and the
domestic staff of such envoy or representative;
(b) a consular officer or consular employee of a foreign
sovereign power appointed to Tanzania and recognised as such by the Government
of Tanzania;
(c) the wife and dependant children of an envoy or other
representative of a foreign sovereign power accredited to Tanzania, or of a
member of the official staff of the envoy or other representative or of a
consular officer or consular employee of a foreign sovereign power appointed to
Tanzania and recognised as such by the Government of Tanzania;
(d) a person in the service of the Government of Tanzania or
the Revolutionary Government of Zanzibar and stationed in Tanzania who has in
his possession a valid passport and satisfies the immigration officer as to his
identity and occupation, and the wife and dependant children of such person;
except that any person so engaged in the service of the Government of Tanzania
or the Revolutionary Government of Zanzibar, may be called upon to provide
security either by bond or cash deposit for any expenses which may be incurred
by the Government or his employer for repatriating him, his wife and dependant
children to his country of origin;
(e) any other person in respect of whom the Minister has
given directions that he shall be exempt from the provisions of paragraphs (a)
and (b) of subsection (1) of this section.
(6) The wife or any dependant child of any person exempted
under subsection (5) shall not engage in any employment, business, trade or
profession in Tanzania without first obtaining a residence permit issued or
deemed to have been issued to him for that purpose.
(7) Where–
(a) any person to whom paragraph (a) of subsection (5)
refers ceases to hold that office;
(b) any person to whom paragraph (d) of subsection (5)
refers ceases to be in the service of the Government of Tanzania or the
Revolutionary Government of Zanzibar, or ceases to be stationed in Tanzania; or
(c) the Minister gives directions that any exemption granted
under paragraph (e) of subsection (5) is revoked or withdrawn,
then, on the expiration of one month from the cessation,
revocation or withdrawal of the exemption, as the case may be, or such longer
period as the Minister may allow, the presence in Tanzania of such person and,
in the case of a person to whom paragraph (a), (b), (d) or (e) of subsection
(5) refers, of his wife and dependant children, shall, unless otherwise
authorised under this Act, be unlawful.
(8) The Minister may, after consulting and obtaining the
consent of the President of Zanzibar, by order published in the Gazette, make
additional provisions regulating the entry into and exit from Zanzibar for visitors
to Tanzania.
16. Prohibition on
employment, study, etc., without permit
(1) No person shall engage in paid employment under an
employer resident in Tanzania except under a permit issued in accordance with
the provisions of this Act.
(2) No person shall for gain or reward engage in any
prescribed trade, business, profession or other occupation except in accordance
with the terms of an appropriate permit issued in accordance with this Act.
(3) No person shall commence any course of study at an
educational institution in Tanzania unless he is the holder of a valid
appropriate permit issued in accordance with this Act.
17. Establishment,
composition and functions of the Alien Immigrants Board
(1) There is hereby established a Board to be known as the
Alien Immigrants Board.
(2) The Board shall be composed of the members–
(a) a Chairman, being a senior officer in the Ministry
responsible for immigration, appointed by the President.
(b) the Commissioner for Labour in the Union Government or
his representative, who shall be the Secretary of the board;
(c) the Commissioner for Labour in the Revolutionary
Government of Zanzibar or his representative;
(d) six senior public officers, one each from the Union
Government and the Revolutionary Government of Zanzibar representing the
following institutions namely–
(i) the Ministry
responsible for trade and industry;
(ii) the
institution responsible for planning matters;
(iii) the
institution responsible for the Civil service.
(3) The functions of the Board shall be–
(a) to advise the Director and other relevant authorities on
factors to be considered before the Director or the authority concerned makes a
decision to issue work permits, business licences or Class B residence permits
to alien immigrants;
(b) to advise the Director and other relevant authorities on
conditions for, and ways of, controlling and monitoring entry, residence or
mobility of any alien immigrant who applies for and is issued with a work
permit, business licence or Class B residence permit under paragraph (a);
(c) to advise the Director and other relevant authorities on
whether or not the business or employment vacancy in which an alien immigrant
proposes to be engaged cannot be gainfully filled by citizens of Tanzania;
(d) to advise the Director generally on any measures for the
more effective carrying out of the provisions of this section.
(3) The Minister may by regulations published in the Gazette
prescribe the tenure of members and proceedings of the Board and otherwise in
relation to the Board.
(4) The Minister may amend, vary or revoke the regulations
made under subsection (3) of this section.
18. Classes of
residence permits
(1) There shall be three classes of residence permits to be
known respectively as Class A permits, Class B permits and Class C permits.
(2) A residence permit may be issued for any period not
exceeding three years and may be renewed for any period not exceeding two years
by an endorsement of renewal effected on it by the Director but so that the
total period of the validity of the original permit and of its renewals shall
not in any case exceed five years.
(3) The power to issue any class of permit shall be vested
in the Director.
(4) Subject to this Act and in particular the provisions of
this Part, any person who is granted a certificate of incentives pursuant to
the Tanzania Investment Act shall be entitled to an initial automatic
immigrant quota of up to five persons during the start period of the
investment.
(5) In issuing permits pursuant to the application submitted
by the Tanzania Investment Centre on behalf of a holder of certificate of
incentives, the Director shall, having due regard to the immigrant quota under
subsection (4), within fourteen days from the date of receipt of the
application issue the permit or indicate to the centre his reasons for refusal
to grant a permit.
(6) Subject to sections 11 and 12, the immigration quota in
respect of mining and petroleum operations shall be determined by the investor
depending on the nature of the operations.
(7) Subject to subsections (4) and (5), the Tanzania
Investment Centre shall make any application for an additional person within
the immigrant quota to the Director who may authorise my additional person whom
he shall deem necessary after taking into consideration the availability of
qualified Tanzanians, complexity of the technology employed by the business
enterprise and agreements reached with the investor.
19. Class
"A" residence permit
(1) A person, other than a prohibited immigrant, who intends
to enter or remain in Tanzania and engage in any trade, business, profession,
agriculture, animal husbandry, prospecting of minerals or manufacture may, if
the Director thinks fit, be granted a class A permit if–
(a) such person or some other person on his behalf furnishes
security by depositing with an immigration officer such sum as in the opinion
of the immigration officer, is sufficient to cover the cost of returning him,
his wife and dependant children, if any, to his country of origin or, in the
discretion of the immigration officer, to some other country into which he may
be admitted, together with a further sum not exceeding twenty-five per centum
of such first-named sum; or
(b) he furnishes security by entering into a bond with one
or more sureties to be approved by the immigration officer for an amount
calculated in accordance with paragraph (a).
(2) A person to whom a Class A permit has been granted shall
be permitted to enter or remain in Tanzania subject to such conditions relating
to–
(a) the area within which he may reside;
(b) the kind of occupation or business (if any) in which he
may engage, and the restrictions prohibitions or limitations subject to which
he may engage therein; and
(c) the duration of his residence in Tanzania, as may be
specified in the permit by the Director.
(3) Where any person to whom a Class A permit has been
granted–
(a) fails or ceases to be engaged in the trade, business,
profession or other occupation specified in the permit, or
(b) engages on any terms, in any trade, business profession
or occupation other than the trade, business, profession specified in the
permit,
the permit shall immediately cease to be valid and the
presence of that person in Tanzania shall, subject to the other provisions of
this Act, be unlawful.
(4) A person, other than a prohibited immigrant, who resides
in Tanzania for ten or more years and whose contribution to the economy or the
well being of Tanzania and Tanzanians through investment in trade, business,
profession, agriculture, animal husbandry, prospecting of minerals or
manufacture is immense or of great value may, if the Director thinks that that
person's contribution is still valuable and in demand, he may, subject to the
other conditions set out in this section, be granted a class A permit for
another period to be determined by the Director.
20. Class
"B" residence permit
(1) A person, other than prohibited immigrant, who has been
offered a specified employment in Tanzania and in respect of whom the Director
is satisfied that he possesses the qualifications or skill necessary for that
employment and that his employment will be of benefit to Tanzania may, if the
Director thinks fit, be granted a Class B permit subject to the condition that
the employer shall, before entry into Tanzania of that person and his
dependants, if any, or before he is granted the permit, give security for the
permit and for any other purposes as the Director may determine.
(2) A person to whom a Class B permit is granted shall be
permitted to enter or remain in Tanzania subject to any conditions in respect
of any of the matters referred to in paragraphs (a), (b) and (c) of subsection
(2) of section 19, or any other matter, which the Director may specify.
(3) Where any person to whom a Class B permit has been
granted–
(a) fails or ceases to be engaged in the employment
specified in the permit; or
(b) is engaged, on any terms, in any employment other than
the employment specified in the permit,
the permit shall immediately cease to be valid and the
presence of that person in Tanzania shall, subject to the other provisions of
this Act, be unlawful.
(4) Where the presence of a person in Tanzania becomes
unlawful by virtue of the provisions of subsection (3), the employer specified
in the permit of that person shall, within a period of thirty days from the
date on which the holder fails or ceases to be employed by that employer,
report that failure or cessation to an immigration officer; and any employer
who refuses or fails to comply with this subsection shall be guilty of an
offence.
21. Class
"C" residence permit
(1) A person, other than prohibited immigrant, who is not
granted a Class A or Class B permit may, if the Director thinks fit, be granted
a Class C permit subject to any condition in respect of matters referred to in
paragraphs (a) and (b) of subsection (1) of section 19, or any other matter, as
may be specified by the Director.
(2) A person to whom a Class C permit is granted shall be
permitted to enter or remain in Tanzania subject to such conditions as may be
specified by the Director.
22. Permits to be
issued subject to conditions
(1) Each residence permit issued under this Act shall be
subject to the conditions prescribed from time to time in respect of the class
of that residence permit.
(2) Every residence permit, irrespective of its class,
issued under this Act shall be subject to the condition that if at any time its
holder is notified by the Director that the permit has been revoked in
accordance with section 27, that holder shall, within the time specified by the
Director, leave Tanzania.
(3) A residence permit issued under this Act to any person
intending to visit or to remain in Zanzibar for the duration of the validity of
the permit shall be subject to the further condition that the holder shall
comply with the provisions of any order made under subsection (8) of section
15.
(4) Where it is proved that any person to whom a residence
permit was issued has contravened, failed or refused to comply with, any condition
subject to which the permit was, or was deemed to have been, issued, then the
permit shall expire and the presence of that person in Tanzania shall become
unlawful; and if the security furnished–
(a) was furnished
by way of deposit, that deposit may be forfeited, or
(b) by way of bond,
then the Director may sue for and recover the amount secured by the bond.
23. Appeals to the Minister
Any person aggrieved by any decision of the Director
refusing an application for a residence permit or varying the conditions or
period of validity specified in the permit, may appeal to the Minister against
the decision and the decision of the Minister on that appeal shall be final and
shall not be subject to any inquiry by any court of law.
24. Variation of
conditions of permits
Subject to the provisions of this Act relating to any permit
or class of permits, the Director may, on his own motion or on application in
the prescribed manner by the holder of a permit issued under this Act, vary the
conditions and the period of validity, specified in the permit.
25. Dependants of
person granted permits
(1) Subject to any conditions prescribed in that behalf, the
Director may, on application being made in that behalf in the prescribed form
by the holder of or the applicant for a residence permit, endorse on the
residence permit the name or names of the wife and the dependent children of
the holder or applicant accompanying him to or resident in Tanzania.
(2) An endorsement made under subsection (1) shall, unless
the Minister in any particular case directs otherwise, expire with effect from
the expiration of one month (or such further period as the Director may on
application made to him in that behalf in his discretion allow) from the death
of the holder of the residence permit or the date when the wife or child ceases
to be a dependant of the holder, or the date when the person whose name is so
endorsed ceases to be the wife or, as the case may be, a child, within the
meaning of this Act, of the holder, and the presence of that wife or as the
case may be, that child, in Tanzania shall unless otherwise authorised under
this Act, thereupon be unlawful.
26. Effect of fraud
(1) Where–
(a) the
Director is satisfied, in the performance of his functions; or
(b) it
is proved in any proceedings under this Act,
that any permit, pass, certificate or other authority issued
under this Act was obtained by, or issued in consequence of, any fraud or
misrepresentation or the concealment or non-disclosure, whether intentional or
inadvertent, of any material particular, that permit, pass, certificate or
other authority shall be and be deemed to have been, void with effect from the
date when it was issued.
(2) Where a permit pass, certificate or other authority
issued under this Act becomes, or is deemed to have been void, by virtue of the
provisions of subsection (1) the presence of its holder in Tanzania shall be,
and be deemed to have been, unlawful from the date when that permit, pass,
certificate or authority was issued and the provisions of section 14 of this
Act shall apply to him.
27. Revocation and
surrender of permits
(1) The Director may, by a written notice under his hand,
revoke any permit issued under this Act if he is satisfied that the holder–
(a) has contravened any of the provisions of this Act or has
failed to comply with any requirement made under this Act;
(b) obtained any permit by means of any representation which
was false in any material particular or by means of concealment of any material
information;
(c) has failed to observe any conditions specified in the
permit;
(d) has become or is likely to become a charge on the United
Republic in consequence of his failure to support himself and any of his
dependants who is in Tanzania.
(2) A notice revoking a permit issued under this Act shall
be served in person on the holder of the permit and shall specify–
(a) the permit to be revoked;
(b) the date, not being less than three days after the
service of the notice, on which the revocation shall take effect; and
(c) the ground or grounds on which the revocation is made, and
the permit shall cease to be valid on the date specified under paragraph (b).
(3) Every permit issued under this Act to a person who is a
prohibited immigrant shall be of no force and effect and shall be deemed never
to have been so issued.
(4) Every permit issued under this Act to a person who after
being issued with it becomes a prohibited immigrant shall cease to be of force
and effect at the time when the holder becomes a prohibited immigrant.
(5) Where a person issued with a permit of one class of
residence permit is subsequently granted a permit of another class, he shall
surrender the former permit to an immigration officer for cancellation.
(6) Where any person to whom a Class A, Class B or Class C
permit has been granted leaves Tanzania permanently, the permit shall be
cancelled by an immigration officer and that person shall surrender the permit
to an immigration officer for cancellation.
(7) Any person who contravenes or refuses or fails to comply
with any of the provisions of this section shall be guilty of an offence.
PART VI: MISCELLANEOUS
PROVISIONS (ss 28-38)
28. General power of
Minister on prohibition
Notwithstanding any of the other provisions of this Act, the
Minister may, in his discretion, prohibit the entry into or presence within
Tanzania or any person, other than a citizen of Tanzania, or of any category of
persons and, for so long as that prohibition remains in force, the entry into
or presence within Tanzania of that person or a person belonging to that
category shall be unlawful.
29. Evidence
Any document purporting to be–
(a) a warrant, notice, permit, certificate or other document
duly issued under this act; or
(b) a certified true copy of any record kept by the
Director,
shall, in any prosecution or other proceeding under or
arising from this Act, be prima facie evidence of the facts contained in it and
shall be receivable in evidence without proof of the signature or the official
character of the person appearing to have signed or certified it; except that
the court before which the proceeding is brought may direct that oral evidence
be adduced relating to the facts, signature or official character of the
person.
30. Burden of proof
Where in any proceedings under or for any of the purposes of
this Act, any of the following questions is in issue, namely–
(a) whether any person is or is not a citizen of Tanzania;
or
(b) whether any person's presence within Tanzania is lawful,
the burden to prove that that person is a citizen of
Tanzania or that his presence in Tanzania is lawful shall lie upon the party
contending that that person is a citizen of Tanzania or, as the case may be,
that his presence in Tanzania is lawful.
31. Offences
(1) Any person who–
(a) fails or refuses to answer any lawful and reasonable
question put to him by any immigration officer, or in answer to any such
question, gives any information which he knows or has reason to believe to be
false;
(b) whether within or outside Tanzania, makes any false
declaration, return or statement for the purpose of obtaining or assisting
another person to obtain any permit, certificate, authorisation pass, visa or
endorsement under this Act;
(c) alters any permit, certificate, pass, endorsement,
authority or other document issued or made in pursuance of this Act, or any
copy of any such document;
(d) allows or permits any permit, pass, certificate,
authority or other document granted or issued to be used by any person not
mentioned therein, or falsely represents himself to be the person to whom any
permit, pass certificate, authority or other document has been granted or
issued;
(e) uses or has in his possession any forged or irregular
passport, permit, certificate or any passport or similar document on which any
visa or endorsement has been forged, or any passport, permit, certificate or
pass which has been altered or issued without lawful authority;
(f) obstructs or impedes an immigration officer in the
execution of his duties;
(g) misleads or attempts to misled an immigration officer seeking,
in the execution of his duties, information in relation to any matter;
(h) fails to furnish any list or information required to be
furnished by him under this Act or regulations made hereunder;
(i) unlawfully enters or is unlawfully present with Tanzania
in contravention of the provisions of this Act;
(j) being a prohibited immigrant, fails to comply with a
lawful requirement of the Director to leave Tanzania;
(k) fails to comply with any term or condition imposed in
respect of any permit, certificate or pass issued to him under the provisions
of this Act or any regulations made hereunder being a term or condition with
which he is required to comply; or
(l) harbours any person who he knows or has reasonable
grounds for believing has committed any of the foregoing offence;
(m) engages in any employment, occupation, trade business or
profession, whether or not for gain, profit or other consideration whatsoever
without being in possession of a valid residence permit or pass issued to him
for such purposes;
(n) employs any person whether or not/gain, profit or other
consideration, who he knows or has reasonable cause to believe is committing an
offence under paragraph (m);
(o) falsely presents any passport, entry permit, pass, visa,
written authority consents or approval issued to another person as being such
document issued to himself;
(p) aids or abets any person in committing any of the
foregoing offences; and
(q) employs any person who is not a citizen of Tanzania and
who has no pass or permit authorising him to be so employed, shall be guilty of
an offence.
(2) Any person who commits an offence under this Act shall,
except where any other penalty is specifically provided therefor, be liable on
conviction to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding three years or to both such fine and
imprisonment.
(3) Any person who having been deported from Tanzania under
the provisions of this Act or any other law for the time being in force,
returns to Tanzania while the deportation order is still in force shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding
two hundred fifty thousand shillings or to imprisonment for a term not
exceeding five years or to both such fine and imprisonment, and may again be
deported under the provisions of section 14.
(4) Where any prohibited immigrant enters Tanzania from any
ship, aircraft or vehicle, whether or not with the knowledge of the owner,
agent or person in charge thereof, such owner, agent or person in charge shall
each be guilty of an offence and shall be liable on conviction therefor to a
fine not exceeding three hundred thousand shillings, and, whether or not any
prosecution for an offence under this subsection has been commenced, the ship,
aircraft or vehicle may, by order of the court, be detained until provisions
has been made by the owner, agent or person in charge, as the case may be, to
the satisfaction of an immigration officer for the conveyance out of Tanzania
of such prohibited immigrant:
Provided that the provisions of this subsection shall not
apply where the prohibited immigrant is the holder of a valid pass or other
authorisation issued to him under the provisions of this act authorising him to
enter into and remain in Tanzania.
(5) Where any fine is imposed under the provisions of this
Act upon any owner, agent or person in charge of any ship, aircraft or vehicle,
such vessel, aircraft or vehicle may, by order of the court be detained until
such fine has been paid, and in the event of non-payment of the fine within
such time as the court may allow the court may order the attachment and sale of
such vessel, aircraft or vehicle in execution of such order for the payment of
fine.
(6) Any police officer may, if he has reasonable cause to
suspect that any person has contravened any of the provisions of this Act or of
any regulations made under this Act and if he is of opinion that in order to
prevent justice from being defeated its necessary to arrest such person, arrest
such person without warrant, and such person shall be brought before a
magistrate as soon as possible after such arrest.
(7) In any proceeding for an offence under this section a
person shall be deemed to know the contents of any declaration, return or
statement which he has signed or marked for the purpose of or pursuant to any
requirement of this Act or regulations made under this Act, whether or not he
has read such declaration, return or statement.
32. Indemnification
of public officers
No suit shall lie against any public officer in respect of
anything done or omitted to be done by him in good faith in the exercise or
purported exercise of any function conferred upon him by this Act.
33. Regulations
(1) The Minister may make regulations–
(a) prescribing–
(i) the terms and
conditions subject to which any person may be granted a pass enabling him to
enter and remain within Tanzania, the period for which any such pass may be
granted, the classes of passes and the person who may issue the same;
(ii) the terms and
conditions subject to which any person may be granted a pass to re-enter
Tanzania and the person who may issue such pass;
(b) making provision with regard to the endorsement of
passes, the conditions subject to which such endorsement may continue to be
valid and the expiry and termination of passes and endorsements thereon;
(c) providing for the payment and recovery of any expenses
incurred by the Government or any person authorised by the Government in that
behalf in connection with the detention, maintenance, medical treatment or
conveyance to any place outside Tanzania of any person;
(d) prescribing the place where, the person or persons to
whom, and the manner in which, applications to enter Tanzania shall be made;
(e) prescribing the place of or places which entry into
Tanzania may be made;
(f) prescribing the procedure to be followed by persons
entering Tanzania;
(g) prescribing the procedure to be followed by persons
entering or leaving Zanzibar;
(h) prescribing the procedure for the making of applications
for and the issue of visas;
(i) prescribing the information to be given by an employer
or prospective employer in relation to the arrival or expected arrival in
Tanzania of, the taking up or failure to take up employment by, the dismissal
from the employment of, or the expiration of determination of the contract of
employment concerning, any person, other than a citizen of Tanzania, employed
or to be employed by the employer;
(j) prescribing the fees, if any, to be charged upon
application for the grant, issue or renewal of any permit, endorsement or pass;
(k) making provision with regard to any delegation of powers
authorised by this Act;
(l) prescribing the deposit or security, if any, to be made
or given in respect of any person who enters or desires to enter, or has
entered, Tanzania under the authority of a permit or a pass issued under this
Act, the conditions subject to which such deposit or security may be forfeited
and the purposes for which any monies so forfeited may be applied;
(m) requiring persons entering or leaving Tanzania to
furnish to an immigration officer such information as may be prescribed or
required by such officer;
(n) prescribing the forms to be used for the purposes of
this Act;
(o) prescribing the information to be furnished and the
returns to be made by employers with respect to the persons employed by them,
including in particular information as to citizenship, nature of employment,
qualification and experience of such persons, and as to schemes for the
training of citizens of Tanzania for such employment;
(p) prescribing anything which is to be or may be prescribed
under this Act; and
(q) generally for the better carrying into effect of the
purposes of this Act.
(2) Regulations under this section may impose, for their
breach, penalties of a fine not exceeding three hundred thousand shillings or
imprisonment for a term not exceeding three years or both such fine and
imprisonment.
34. Power to exempt
The Minister may, by order published in the Gazette, exempt
any person or class of persons from all or any of the provisions of this Act or
regulations made under this Act, subject to such exceptions, limitations,
conditions and restrictions specified in such or any subsequent order.
35. Registration of
alien immigrants
The Minister may make rules for the registration of alien
immigrants to Tanzania prescribe conditions which those persons shall comply
with.
36. Reasons for
arrest, search or detention
(1) Every person arrested or detained under the provisions
of this Act shall be informed, as soon as reasonably practicable in a language
which he understands, of the reason for his arrest, search or detention.
(2) Notwithstanding the provisions of subsection (1), no
person shall be entitled to be informed as to the grounds of which a decision
has been made relating to his being declared a prohibited immigrant or to an
order for his deportation.
37. Repeal of Act No. 8 of 1972 and Z. Cap. 43
[Repeals the
Immigration Act and the Immigration Control Decree of Zanzibar.]
38. Savings
(1) Every permit, warrant, direction, certificate, notice or
other document and every order of deportation and every security which was
valid immediately before the commencement of this Act and–
(a) which was issued, made, granted or given under the laws
repealed by this Act; or
(b) whose effect was preserved under the laws repealed by
this Act, shall be given effect as if issued, made, granted or given under this
Act.
(2) Any person who before the commencement of this Act was
deported or removed from, or required to leave or prohibited from entering into
or remaining within the former Republic of Tanganyika, the former People's
Republic of Zanzibar or any part of the United Republic of Tanzania or any law
of Zanzibar enacted by the Revolutionary Council of Zanzibar, which was in
force immediately before the commencement of this Act shall be deemed to have
been deported or removed from, required to leave, or prohibited from entering
into or remaining within, as the case may be, the United Republic of Tanzania
under this Act.
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