Although South Africa has one of the most progressive asylum laws and exceptional refugee protection frameworks in the world, the disunion between law and practice has allowed the blatant disregard of the law to thrive. The safety and security of the refugees who come to South Africa in the hopes of escaping the injustices of their homeland is internationally regulated by The Universal Declaration of Human Rights (“UDHR, 1948”) which is the foundation of international human rights, and, more directly, by the 1951 Refugee Convention (1951 convention) and its 1967 Protocol.
In South Africa, The Refugee Act 130 of 1998 (“The Refugee Act”) was enacted to give effect to the 1951 convention, while some rights enshrined in our Bill of Rights, such as the right to equality, human dignity and just administrative action are afforded to all persons within South Africa
Applying for Asylum
When refugees legally cross the border, they must seek asylum from Department of Home Affairs (DOH) officials at the border who will then issue them with an asylum transit visa that will allow them 14 days to report to the Refugee Reception Office (RRO). If a refugee enters the country illegally, they must immediately report to the RRO. Once at the RRO, the first step is for the refugee to apply for an asylum seeker permit (section 22 permit) which requires that the refugee applicant (“the applicant”) must fill in the application form and be interviewed by the refugee reception officer before having their biodata and photos captured. Once this is done, the applicant will be issued with a section 22 permit (Asylum Seeker Temporary Visa) which is valid for six months.
Before the section 22 permit expires, the refugee is expected to return to the RRO for a second interview with the Refugee Status Determination Officer (RSDO). After this interview the RSDO must issue a written decision to either grant the applicant refugee status or reject the application as unfounded or manifestly unfounded, abusive or fraudulent.
The RSDO Rejection
The RSDO is obligated to provide the applicant with a written decision that sets out the reasons for rejecting the application. If the application is rejected as “unfounded” (section 24(3)(c) of The Refugee Act) it may be because the applicant’s reason for leaving their country is in line with the Refugee Act and therefore affording them refugee status, but the RSDO needs further motivation. In such a case the applicant is afforded an opportunity to appeal the decision within 30 days. If the application is rejected as “manifestly unfounded, abusive or fraudulent” (Section 24(3) (b) of The Refugee Act) it may be because the refugee mentioned a reason for applying for asylum that is not recognised in The Refugee Act. This rejection is automatically referred to the Standing Committee for Refugee Affairs (SCRA) within 10 working days to either confirm, set aside or refer it back to the RSDO for reassessment. Additionally, if the applicant’s application is rejected as manifestly unfounded, the applicant is entitled to be furnished with written reasons within 5 working days from date of rejection by the RSDO or referral to the SCRA.
The “manifestly unfounded” procedural flaw
It is a common occurrence that applicants are not fully informed, if at all, about the asylum application procedure. They are unaware of the fact that even after

the RSDO has formally rejected their application on the basis that it was manifestly unfounded, the RSDO is obligated to renew the applicant’s temporary asylum seeker permit until the SCRA has reviewed the decision.
In some recent cases, clients have come into the refugee clinic at ProBono.Org seeking assistance after being furnished with a letter from both the RSDO and the SCRA that informs the clients of their decision to reject their application on the basis that it was manifestly unfounded. The letter does not set out the reasons for that decision and further expresses an expectation for the applicant to appear within 14 days for the purpose of deportation because they are now considered to be staying in the country illegally. The RRO does this with a blatant disregard of the fact that it has taken the SCRA years to review the decision by the RSDO and in some cases that the RSDO do not even furnish the applicants with the said decision and reasons before furnishing them with a letter for their deportation. They fail to consider that due to their delay, most of the applicants have already started building a life for themselves in the country with them securing jobs and their children having have started school. Furthermore, the RSDO and the SCRA neglect to inform the applicants of their right to apply to the High Court for a judicial review within 180 days after the date that they received such a rejection.
Conclusion
A refugee, like any citizen of South Africa, is acknowledged by the rights enshrined in the Bill of Rights. This therefore creates an expectation and an obligation on the Department of Home Affairs to ensure a procedural and substantial fairness in how they process each asylum application. This entails providing the applicant with the necessary information so that they can follow all the laws and rules that regulate their application and their stay in South Africa. Every applicant has a right to be furnished with the reasons why their application was rejected, to have the decision made by the RSDO over their application sent to the SCRA for review within 10 working days and the right to apply to the High Court within 180 days for a judicial review of their manifestly unfounded rejection on their application for refugee status..
Asylum Seekers & Refugees Good News !!
If you have been in South Africa for 10 years as a Refugee did you know there is a path to permanent residence .
Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS
The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost .
Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .
please contact us on :
Sa Migration International

Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
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www.samigration.com V.5090

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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