ARRANGEMENT OF SECTIONS

PART I
Preliminary

     SECTION

1.        Short title

2.        Interpretation

3.        Establishment of Refugee Advisory Committees

PART II
Refugees

4.        Inquiry by Committee

5.        Powers and procedure of Committee

6.        Restriction on removal of immigrant who may be a refugee

7.        Right of detained immigrant to leave Botswana

8.        Recognition of immigrant as political refugee

9.        Restriction on removal and control of refugee

10.        Departure of refugee from Botswana

11.        Review of case of recognized refugee

12.        Recognizances

13.        Residence of refugee not ordinary residence

14.        Regulations

15.        Prosecutions of political refugees under Immigration Act to require consent of the Director of Public Prosecutions

Schedule - Definition of the Term "Political Refugee"

Act 8, 1967,
Act 37, 1967,
Act 31, 1970,
Act 82, 1970,
Act 11, 1981,
Act 14, 2005.

An Act to make provision for the recognition and control of certain political refugees; to prevent in certain circumstances their removal from Botswana under the Immigration Act and to make provision incidental thereto or connected therewith.

[Date of Commencement: 5th April, 1968]

1.       Short title

            This Act may be cited as the Refugees (Recognition and Control) Act.

2.       Interpretation

            (1) In this Act, unless the context otherwise requires-

            "Committee" means a Refugee Advisory Committee established under section 3;

            "Convention" means the United Nations Convention Relating to the Status of Refugees of the 28th July, 1951, as amended from time to time by any international agreement; but does not include any provisions thereof not binding under public international law upon the Republic;

            "immigrant" means any person in Botswana other than a citizen of Botswana;

            "political refugee" has the meaning assigned thereto in the Schedule;

            "recognized refugee" means an immigrant whom the Minister has declared in terms of section 8(1) that he recognizes as a political refugee;

            "removed from Botswana" does not include deportation in terms of section 25 of the Immigration Act.

            (2) Subject to the provisions of subsection (1), and unless the context otherwise requires, any word or expression defined in the Immigration Act shall bear the same meaning in this Act as in the Immigration Act.

3.       Establishment of Refugee Advisory Committees

            (1) The Minister may, by order published in the Gazette, establish one or more Refugee Advisory Committees to carry out the functions conferred on such Committees by or under this Act.