The Immigration (Amendment) Act, 2015
This provision says the Act may be cited as the Immigration (Amendment) Act, 2015.
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- The Immigration (Amendment) Act, 2015
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About this statute
This provision says the Act may be cited as the Immigration (Amendment) Act, 2015. This Part must be read together with the Immigration Act, called the principal Act. This section amends the principal Act by replacing the word “Director” with “Commissioner General” wherever “Director” appears. This section amends the Act’s definitions in section 3, replacing and adding several defined terms. This provision amends the principal Act by replacing all of Part II with new Part II on the Immigration Service Department.
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Provisions of The Immigration (Amendment) Act, 2015
Showing 34 of 34
Part
PART I
- 1 Verify source ↗
Short title
This provision says the Act may be cited as the Immigration (Amendment) Act, 2015.
1. The Act may be cited as the Immigration (Amendment) Act, 2015. 3 No.8 Immigration (Amendment) 2015 Construction Cap. 54 General amendments Amendment of section 3 PART II AMENDMENT OF THE IMMIGRATION ACT (CAP.54)
Part
PART II
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This Part must be read together with the Immigration Act, called the principal Act.
2. This Part shall be read as one with the Immigration Act hereinafter referred to as the “principal Act”. - 3
This section amends the principal Act by replacing the word “Director” with “Commissioner General” wherever “Director” appears.
3. The principal Act is amended by deleting the word “Director” wherever it appears in the Act and substituting for it the word “Commissioner General”. - 4
This section amends the Act’s definitions in section 3, replacing and adding several defined terms.
4. The principal Act is amended in section 3 by- (a) deleting the definition of the term “child” and substituting for it the following definition- “child” has the meaning ascribed to it- Cap. 13 Act No 6 of 2011 (a) in the case of Mainland Tanzania, under the Law of the Child Act; and (b) in the case of Tanzania Zanzibar, under the Children’s Act;”; (b) deleting the phrase “a chairman of the peoples’ court” appearing in the definition of the term “Magistrate” and substituting for it the phrase “Regional Magistrate”; (c) adding in their appropriate alphabetical order the following new definitions- Cap. 241 ““Commission” means a Commission established under section 4 of the Police Force and Prisons Service Commission Act; No.8 Immigration (Amendment) 2015 4 “court” means a court of competent jurisdiction; “Commissioner General” means the Commissioner of Tanzania Immigration Services Department appointed in terms of section 5 (1) of this Act; General “Department” means the Tanzania Immigration Services Department established under section 4 of this Act; “Gazetted Officer” means an officer of Immigration Tanzania the Services Department of the rank of, or above the rank of assistant inspector; “Immigration Officer” means an Officer of the Department of a rank as specified under this Act, and includes the Commissioner General; and “Non Commissioned Officer” means any Officer of the Department of the rank of, or below the rank of Sergeant Major;”. Amendment of Part II
Part
Part II
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This provision amends the principal Act by replacing all of Part II with new Part II on the Immigration Service Department.
5. The principal Act is amended by repealing the whole of Part II and substituting for it the following- 5 No.8 Immigration (Amendment) 2015 “PART II THE IMMIGRATION SERVICE DEPARTMENT Establishment of Immigration Service Department - 4
This section establishes a Home Affairs-related ministry/department structure and converts the former Office of the Director of Immigration Services into the Department.
4.-(1) There is the Ministry in established, responsible for Home Affairs, a department the Tanzania Immigration Services Department. known as of (2) The Office of the Director Immigration Services designated as such prior to the establishment of the Department is hereby converted to be the Department. Appointment of Commissioner General - 5
The President appoints a Commissioner General for the Department.
5.-(1) There shall be a Commissioner General of the Department who be shall appointed by the President. (2) The Commissioner the chief the General shall be officer executive Department. of Officers of the Department - 6
The Tanzania Immigration Service is made up of gazetted and non-commissioned immigration officers in the listed ranks.
6. Tanzania Immigration shall following Department the of Service consist officers- No.8 Immigration (Amendment) 2015 6 (a) Gazetted Immigration Officers who shall be- (i) Commissioner General; (ii) Deputy Commissioner General; (iii) Commissioners; (iv) Deputy Commissioners; (v) Senior Assistant Commissioners; (vi) Assistant Commissioners; (vii) Senior Superintendents; (viii) Superintendents; (ix) Assistant Superintendents; (x) Inspectors; (xi) Assistant Inspectors; and Non-Commissioned Immigration Officers who shall be- (b) Appointment of officers (i) Sergeant Major; (ii) Staff Sergeant; (iii) Sergeant; (iv) Corporal; and (v) Constable. The - 7
This section assigns appointment power for immigration posts to the President, the Commission, and the Commissioner General depending on rank.
7.-(1) Commissioner Commissioner, Commissioner Assistant Commissioner shall and Deputy General, Deputy Senior 7 No.8 Immigration (Amendment) 2015 be appointed by the President. (2) Immigration officers the rank of Assistant from Inspector rank of the Assistant Commissioner shall the be Commission. appointed by to the (3) Immigration officers of rank of, or below be Sergeant Major appointed by the Commissioner General. shall Regions, Districts and entry or exit points - 8
Heads of regional, district, and entry/exit point offices must manage immigration matters and related reporting, coordination, security, public sensitization, and control duties within their jurisdiction, as directed by the Commissioner General.
8.-(1) The Department shall be divided into Regions, Districts, entry or exit points the and border posts as Minister may determine. (2) The responsibilities of the heads of each Region, District and entry or exit point office shall be to- (a) co-ordinate and manage all immigration matters within area of their jurisdiction; (b) advice the Government of their into area regarding jurisdiction matters to immigration; pertaining No.8 Immigration (Amendment) 2015 8 (c) collaborate and participate on security matters within their area of jurisdiction; (d) mobilize and sensitize the general public within their area of on jurisdiction in immigration relation to security and development; (e) prepare, organize and supervise working situation report within their of jurisdiction; area (f) facilitate and control immigration activities within their area of jurisdiction; and (g) undertake any such other responsibility as the Commissioner General may direct. Administration of the Service - 9 Verify source ↗
Construction
The Commissioner General must control and superintend the Department, subject to the Act and the President’s directives.
9.-(1)The Commissioner General shall, subject to this Act and directives of the President command, superintendence and have 9 No.8 Immigration (Amendment) 2015 control of the Department. (2) The Commissioner General shall, in the exercise of powers vested to him regarding the operational control of the Department, and subject to the orders, directions and guidance by the Minister, be responsible the and President. accountable to Delegation of powers - 10 Verify source ↗
Amendment of the Anti-Trafficking in Persons Act
A Commissioner may exercise the Commissioner General’s powers or duties, unless another written law says otherwise. The Commissioner General may also authorize certain senior immigration officers to do so, unless the Minister directs otherwise.
10.-(1) A Commissioner may, unless otherwise provided under any written law, exercise powers or discharge duties of the Commissioner General. by any (2) The Commissioner General may, unless otherwise directed the Minister, immigration authorize officer of the rank of, or above Senior Superintendent, whether by name or office, to exercise or discharge any of the powers or duties which the Commissioner General is by law entitled to exercise or discharge. this (3) Nothing section shall be deemed to derogate the powers or duties of the Commissioner General. in No.8 Immigration (Amendment) 2015 10 Disciplinary authority and procedure - 11
This section assigns the disciplinary authority for officers appointed under section 7(1), 7(2), and 7(3), and says the disciplinary procedure for section 7(3) officers is set by regulations made under the Act.
11.-(1) The disciplinary authority officers the appointed under section 7(1) shall be the President. of the (2) The of disciplinary authority officers appointed under section 7(2) shall be the Commission. (3) The of disciplinary authority officers appointed under section 7(3) shall be the Commissioner General. the (4) The disciplinary procedure for officers referred to under subsection (3) shall be as prescribed in the regulations made under this Act. PART III POWERS, RIGHTS AND DUTIES OF IMMIGRATION OFFICERS General duties of the Service
Part
PART III
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Immigration officers have broad duties to manage borders, control immigration, investigate immigration crimes, remove undesirable immigrants, and carry out related functions.
12.-(1) The general duties and responsibilities of immigration officers shall be to- and monitor of exit and (a) manage entry migrants; (b) safeguard borders; national (c) facilitate and manage movement of foreigners wishing to enter, stay and reside in the United Republic of Tanzania. 11 No.8 Immigration (Amendment) 2015 (d) facilitate, control and grant citizenship to qualified alien immigrants; (e) counter any event which might be done by a foreigner or any other person that might jeopardize security and economic development and sustainability; (f) investigate national and transnational immigration crimes; (g) cooperate with other security organs in the maintenance of national security; (h) participate in regional integration with a view to identify illegal migrants; (i) facilitate and assist the national of issuance identity cards; (j) coordinate with regional international and the agencies prevention of transnational organized crime; in (k) monitor and coordinate activities the United immigration outside Republic of Tanzania; 12 No.8 Immigration (Amendment) 2015 (l) combat illegal by with immigrant cooperating immigration departments of other countries and international organization that deals with immigration matters; (m) cooperate with consulates, embassies, airlines other and checkpoint stakeholders with a view to sharing or exchange of information relating fraud to activities; (n) conduct operations with a view to combat illegal immigrants and crimes relating to immigration; public awareness campaign on problem and danger of transnational organized crimes; (o) conduct (p) remove all prohibited, unwanted or undesirable immigrants; (q) register all alert listed and make persons all follow-ups frequenters for security reasons; of 13 No.8 Immigration (Amendment) 2015 (r) receive and deported take Tanzanians appropriate legal measures against such deportees; (s) conduct patrols and investigation; (t) subject to the instrument of appointment by the Director Public of Prosecution, prosecute to offences immigration; and any (u) perform relating on other functions as may be conferred the Department by or under any other written laws. (2) Save as provided for under subsection (1), officers of the Department shall, upon by Commissioner directives General, execute immigration functions in every accredited Tanzania Mission or Embassy. General obligation of immigration officer - 13
An immigration officer must serve anywhere in Tanzania and may also serve in other countries or places if the Department requires it.
13. An immigration officer shall be bound to serve anywhere within the United Republic of Tanzania and may serve in any country or other places in accordance with the exigencies of the Department. 14 No.8 Immigration (Amendment) 2015 General right of the immigration officer. - 14
An officer performing duties has the rights prescribed by regulation.
14. immigration An officer shall, in performing of his duties, have the rights as may be prescribed in the regulations. Non disclosure of information. Powers to investigate and make inquiry indirectly - 15 Verify source ↗
Amendment of the Police Force and Prisons Service Commission Act
An immigration officer must not directly disclose immigration information to anyone unless a court proceeding needs it, or the Minister or another authorized person requests it.
15. An immigration officer shall not disclose directly immigration or information to any person unless: it is vital for any proceeding of a court been it and requested that purpose; or has for (a) (b) it is requested by the Minister or any other authorized person. - 16
An immigration officer has power to investigate and make inquiries about contraventions or suspected contraventions of this Act or other written law.
16. An person immigration officer shall have powers to investigate and make inquiry on has any contravened has or reasonable cause to believe that the person to contravene any provisions of this Act or any other written law. is or about who he No.8 Immigration (Amendment) 2015 15 Powers of arrest and detention or who - 17 Verify source ↗
(1) An immigration
An immigration officer may arrest a person without a warrant in specified circumstances, must not use excessive force, and a Superintendent-level officer may order detention in certain cases.
17.-(1) An immigration officer may, without warrant, arrest any person who has has committed reasonable cause to believe is about to commit an offence under this Act or any other written laws, provided that the person this section shall be brought before a magistrate is practicable. arrested under soon as as (2) An immigration officer shall not use excessive force in exercising the powers conferred by subsection (1). No.8 Immigration (Amendment) 2015 16 (3)An immigration officer of or above the rank of Superintendent may order the detention of any person in a lawful custody who is subject to extradition, of an prohibited immigrant notice or deportation issued pursuant to this Act. order (4) Where an immigration officer has, in terms of subsection (3) ordered the detention of any person, he in a warrant of shall fill detention the prescribed in form in respect of such person and forward it to the officer in- charge of the police station or prison in which such person is to be detained. Powers of search and seizure and remove - 18 Verify source ↗
(1) An immigration
Immigration officers may detain, seize, stop, enter, board, search, and require passenger and crew information in specified situations; people who obstruct them or give false information commit an offence.
18.-(1) An immigration officer shall have powers to detain seize, anything which contains or appears to him to be or to to contain likely contain or the to evidence commission of an offence under this Act or any other written laws. prove 17 No.8 Immigration (Amendment) 2015 (2) For the purpose of and powers this immigration officer exercising performing duties under Act, an may- person, (a) without warrant, stop, enter, board and search any aircraft, train, vehicle, vessel, ship, building, premises, godown, container, boat or any part thereof, in the United Republic of Tanzania; (b) without a search warrant, stop, enter, board and search any aircraft, train, vehicle, vessel, ship or any part thereof leaving or entering the United Republic of Tanzania in regard to goods carried therein; and (c) require the in- charge of an aircraft, vehicle, train, vessel or ship arriving to or leaving the United Republic of Tanzania, to furnish of a passengers and crew in the aircraft, vehicle, train, list No.8 Immigration (Amendment) 2015 18 vessel or ship as the be may case together with such other information as may be prescribed. or an (3) Any person who: (a)obstruct impedes immigration officer under subsection (2); or (b) refuses to give or gives false information to an immigration officer, commits an offence and is liable upon conviction, to a fine of not less than one million shillings or to imprisonment for a term of not less than to twelve months, or both. (4) Where anything is the in pursuance of seized this conferred powers section, the immigration officer shall receipt acknowledging the seizure issue by a 19 No.8 Immigration (Amendment) 2015 bearing the signature of the owner of the thing and those of witnesses to the search, if any. (5) Where a seizure is effected under this section, any articles, documents and other things seized shall, by order of the court, be confiscated. - 19
An immigration officer is entitled to use arms while exercising functions, duties, or powers under this Act.
19. An immigration officer shall be entitled to use arms in the exercise of his functions, duties or powers conferred to him under this Act. - 20 Verify source ↗
(1) Notwithstanding
An immigration officer has police-like powers to examine relevant persons and write down statements, and may record suspect and witness testimony using video, still image, and audio technology.
20.-(1) Notwithstanding the provisions of any other written laws, an immigration officer shall have the same powers conferred upon a police officer under the Criminal Procedure Act, to examine any person acquainted with the facts and under circumstances investigation and reduce into writing any statement made by such person so examined for the purpose criminal of proceedings. Entitlement to carry and use arms Recording of statement Cap. 20 and Act No. 7 of 2004 of Zanzibar No.8 Immigration (Amendment) 2015 20 (1), subsection (2) In exercise of powers under the immigration officer shall record testimony of a suspect and witness by means of video, still picture and audio technology. Conditional release Powers of refusal of entry under - 21 Verify source ↗
(1) Subject to any
A detained person may be granted conditional release under prescribed regulations and any Minister’s direction; if release conditions are breached, an immigration officer may arrest and detain the person without a warrant.
21.-(1) Subject to any direction by the Minister, a or person detention may be granted conditional the manner and form prescribed by regulations. custody release in (2) Where a person fails to comply with any of the a conditions under which conditional release is issued, an immigration officer may, without warrant arrest and detain that person into custody. - 22 Verify source ↗
Section 22
An immigration officer may refuse entry or detain a person seeking to enter Tanzania if, after examination, the officer thinks the entry would breach this Act or another written law.
22. Where officer, an after immigration examining a person seeking to enter into the United Republic of Tanzania, is of the opinion that the entry of such person into the United Republic of Tanzania the to is contrary provision of this Act or any 21 No.8 Immigration (Amendment) 2015 other written law, he may- (a) issue him an order of refused entry; or (b) cause such person detained be to pursuant to section 17 (3) and (4) of this Act pending the such removal of person the United Republic of Tanzania.” from Amendment of section 31 - 6
Section 31 is amended to replace three “not exceeding” amounts with higher “not less than” amounts.
6. The principal Act is amended in section 31 by- (a) deleting the words “not exceeding one” appearing in subsection (2) and substituting for them the words “ not less than five”; (b) deleting the words “not exceeding two hundred fifty thousand” appearing in subsection (3) and substituting for them the words “not less than one million”; and (c) deleting the words “not exceeding three hundred thousand” appearing in subsection (4) and substituting for them the words “not less than one million five hundred thousand”. Amendment of section 33 - 7
This section amends section 33 of the principal Act and adds new paragraph (r); it also replaces subsection (2) so regulations may carry penalties for breach.
7. The principal Act is amended in section 33 by- (a) adding immediately after paragraph (q) of subsection (1) the following new paragraph- No.8 Immigration (Amendment) 2015 22 (r) providing for- “ (i) discipline and punishment of the Department; (ii) administration and command of the Department; and (iii) description emblem, of uniforms, equipment and rank specifications to be provided the the purpose of for Department;” and (a) deleting subsection (2) and substituting for it the following- “(2) Regulations under paragraph (a) to (q) of subsection (1) may impose, for their breach, penalties of not less than three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.” Renaming of Part III to VI Renumbering of sections - 10 Verify source ↗
Amendment of the Anti-Trafficking in Persons Act
This provision amends section 31 of the Anti-Trafficking in Persons Act by replacing specified wording about who may hold or have held immigration-related offices.
10. The Anti-Trafficking in Persons Act is amended in section 31 by deleting the words “who holds or have held the office of a Director of Immigration” 23 No.8 Immigration (Amendment) 2015 Amendment of the Police Force and Prisons Service Commission Act, (Cap 241) appearing in subsection (1) and substituting for them the words “who have held the office of a Director of Immigration or who holds or has held the office of Commissioner General Service of Department. Immigration - 11
This section amends the Police Force and Prisons Service Commission Act by inserting and renaming words and paragraphs to reflect immigration-related offices.
11. The Police Force and Prisons Service Commission Act, is amended- (a) in the long title by the word “Immigration” between the words “Police” and “and”; inserting (b) by inserting the words “,Tanzania Immigration the words Service Department” between “Police Force” and “and”; (c) by inserting the words “,Tanzania Immigration Service Department” between the words “Police Force” and “and” wherever they appear in the principal Act; (d) by inserting the words “,Immigration” between the words “Police” and “and” wherever they appear in the principal Act; (e) in section 3(4) by inserting “Commissioner General Service Department” between “Inspector-General of Police” and “and”; of the words Immigration the words (f) in section 4(2) by- (i) inserting immediately after paragraph (e) the following- (aa) the Commissioner General of Tanzania Immigration Service Department; and No.8 Immigration (Amendment) 2015 24 (ii) (bb) the Commissioner Immigration, Zanzibar; renaming paragraphs (f) and (g) as paragraphs (h) and (i) respectively; (iii) inserting immediately after the renamed of paragraph (i) the following- (aa) (bb) in-charge Commissioner the Immigration legal services; and the Immigration administration and finance; Commissioner in-charge of of of of (iv) renaming paragraphs (h), (i), (j) and (q) as paragraphs (l), (m), (n) and (o) respectively; and (g) in section 6(4) by inserting “,Commissioner General of Service Department” between “Inspector-General of Police” and “and”; the words Immigration the words (h) in section 7 by- the words of (i) inserting “Commissioner General Service Department” between a comma (,) and the words “the Principal Commissioner” appearing in subsection (4); and Immigration (ii) inserting the words “,Commissioner Service Immigration General of the words between Department” “Inspector-General of Police” and “and” appearing in subsection (5). 25 No.8 Immigration (Amendment) 2015 Amendment of the Prevention of Terrorism Act, (Cap. 19) - 12
This provision amends the Prevention of Terrorism Act by replacing a named immigration office title in sections 45 and 46.
12. The Prevention of Terrorism Act is amended by deleting the phrase “the Principal Commissioner of Immigration” appearing in section 45 and 46 respectively and substituting for it the phrase “Commissioner General of Tanzania Immigration Service Department”. Amendment of the Refugees Act (Cap. 37) Amendment of the Tanzania Citizenship Act, (Cap. 357) - 13
This provision amends section 6 by replacing the title “Director of Immigration Services” with “Commissioner General of Tanzania Immigration Service Department.”
13. Amendment of the Refugees Act is amended in section 6 by deleting the title “Director of Immigration Services” appearing (1)(b)(vii) and substituting for it the phrase “Commissioner General of Tanzania Immigration Service Department.” subsection in - 14
The Commissioner General may ask a person for documents or information to verify that person’s citizenship, and this power can also be exercised by an immigration officer or authorised officer.
14. Amendment of the Tanzania Citizenship Act is amended- (a) in section 3 by- (i) deleting the definition of the term “Director”; and (ii) adding in the appropriate alphabetical order the following new definition- “Commissioner General” the means Commissioner General of Tanzania Immigration Services Department appointed under the Immigration Act; Cap.54 (b) by deleting the word “Director” wherever it appears in the Act and substituting for it the word “Commissioner General”; and No.8 Immigration (Amendment) 2015 26 (c) by adding immediately after section 64 the new section 64A- “Verification of citizenship 64A-(1) The Commissioner General may, where circumstances require and within specified time, request a person to furnish to him certain documents or information for purposes of determination or verification of such person’s citizenship. (2) The powers of the Commissioner General under subsection be exercised by an immigration officer or an authorised officer. (1) may relating exercised by officer, (3) Where powers of the Commissioner General are an the authorised powers shall be limited to matters to registration and identification of persons as provided for under the Registration and Identification of Persons Act. words “authorised officer” as used in this section means a registration officer or an The (4) Cap. 36 27 No.8 Immigration (Amendment) 2015 assistant registration officer.”. Amendment of the Tanzania Passports and Travel Documents Act - 15 Verify source ↗
Amendment of the Police Force and Prisons Service Commission Act
This section amends the Tanzania Passports and Travel Documents Act by removing the definition of “Director,” replacing the definition of “department,” adding a definition of “Commissioner General,” and replacing “Director” with “Commissioner General” throughout the Act.
15. Amendment of the Tanzania Passports and Travel Documents Act is amended- (a) in section 2 by- (i) deleting the definition of the term “Director”; (ii) deleting term the definition of “department” and substituting for it the following new definition- the ““department” means the Tanzania Service established Immigration Immigration Department under the Act;”; and (iii) adding in the appropriate alphabetical order the following definition- “Cap 54 ““Commissioner General” the means Commissioner General of Tanzania Immigration Services Department appointed under the Immigration Act;” No.8 Immigration (Amendment) 2015 28 (b) by deleting the word “Director” wherever it appears in the Act and substituting for it the words “Commissioner General”. Passed in the National Assembly on the 26th March, 2015. THOMAS D. KASHILILAH Clerk of the National Assembly
Part
Part III to VI
- 8
This section changes the numbering of Parts III, IV, V, and VI to Parts IV, V, VI, and VII.
8. The principal Act is amended by renaming Part III, IV, V and VI as Part IV, V, VI and VII respectively. - 9 Verify source ↗
Construction
This provision renumbers sections 10 to 38 of the principal Act as sections 23 to 51.
9. The principal Act is amended by renumbering section 10 to 38 as section 23 to 51 respectively. PART III CONSEQUENTIAL AMENDMENTS Amendment of the Anti- Trafficking in Persons Act (Cap. 432)
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