Refugee Status & Asylum GENERAL PROCEDURE: APPLICATION FOR ASYLUM

Source: SAMI, 22/07/2020

He is a person who has been granted asylum status and protection
in terms of thesection 24 of Refugee Act No 130 of 1998.
Under the 1951 United Nations Convention, a refugee can be a
“convention refugee” who has left his home country and has a well-
founded fear of persecution for reasons of race, religion,
nationality, political opinion or a membership in a particular
social group.
Under the same convention, a refugee can also be a person “in need
of protection”whose removal to his home country would subject him
personally to a danger of torture or to a risk to his life or a
risk of cruel and unusual treatment or punishment.
Role of the Government of the Republic of South Africa
The Government of the Republic of South Africa has an obligation
to grant protection to refugees and other persons in need of
protection under a number of UN Conventions such as the 1951
Convention Relating to the Status of Refugees.
However, Convention refugees and persons in need of protection
based on a risk to life, or a cruel and unusual treatment must
have faced personally the risk all the way throughin the country
in question
Eligibility Procedure: Asylum Seeker
• A person enters the Republic of South Africa through a
port of entry (a land border post, airport or harbor), claims to
be an asylum seeker and is, therefore, issued with a section 23
Permits which is a non - renewable “asylum transit permit” of the
Immigration Act.
• The permit is valid for a period of 14 days only and
authorizes the person to report to the nearest Refugee Reception
Office in order to apply for asylum in terms of section 21 of the
Refugee Act.
• The asylum seeker is required to furnish:

A section 23 permit

Any proof of identification from the country of origin

A travel document if in possession of one
• The asylum seeker lodges in person his application at a
designated Refugee Reception Office where an admissibility hearing
takes place.The following are done:

Applicant’s fingerprints taken in the prescribed manner

Interpreter if secured (if necessary )

First interview conducted by a Refugee Reception Officer (RRO) and
BI-1590 form duly completed

Applicant’s data and image captured in the refugee system

An Asylum Seeker’s permit (a section 22 permit) is printed,
signed, stamped and issued to the Asylum Seeker
• The section 22 permit which is valid for a period of six
monthslegalizes the asylum seeker stay in the Republic of South
Africa temporarily pending a final decision on his application.
The permit can be extended by an RRO for a further six months
while the process of status determination is in progress.
• The holder of section 22 permit has the right to work and
study in South Africa and is protected against deportation to his
country of origin.


Refugee Status Determination
Before the permit expires, the asylum seeker reports to the
Refugee Reception Office for:
• A second interview is conducted by a Refugee Status
Determination Officer (RSDO)
• The RSDO proceed with a fair adjudication of the
application, makes a decision on claims for asylum application and
provides reasons for the decisions. The RSDO must on conclusion of
the status determination hearing grant asylum; or reject the
applicationas manifestly unfounded, abusive or fraudulent; or
refer any question of law to the Standing Committee for Refugee
Affairs (SCRA).
• When granted asylum (written recognition of refugee
status), a refugee is generally issued with a section 24 permit,
which allows such person to remain for a specified period of 2
years in South Africa, and it is renewable upon expiration of its
validity after the review process by an RSDO. In this case, the
refugee must write a letter requesting the extension of his or her
refugee status
• He is also allowed to work and study in South Africa
whilst the permit is valid.
Refugee Enabling Documents
• A refugee must apply for a refugee ID at any Refugee
Reception Office within 15 days in the prescribed manner.
• After being issued with an ID, a refugee can apply for a
UNCTD (United Nations Convention Travel Document) at any Refugee
Reception Office in the prescribed manner.
• An ID is free
Appeal and Review Process
• In case of rejection, an asylum seeker or refugee who
believes that he has a well-founded fear of persecution but whose
claim has been rejected, may decide to appeal against the
rejection decision of the RSDO to the Refugee Appeal Board (RAB)
in the prescribed manner within 30 days after the decision has
been handed over to them.
• The Appeal Board conducts an appeal hearing during which
the appellant who is entitled to a fair hearing have the rights to
be heard and to present his case fully. The Refugee Appeal Board
is responsible for considering and deciding appeals on decisions
made by RSDOs.
• The RAB may after hearing an appeal confirm or set aside
or substitute the decision of the RSDO.
• In respect of manifestly unfounded applications, the
Standing Committee for Refugee Affairs (SCRA) reviews or confirms
or sets aside decisions taken by the RSDO and refer cases back to
RSDO for determination within 14 days as well as monitors in
general the decisions of the RSDO.


Certification
• The applicant must have 5 full years continuous residence
in the Republic of South Africa as a formally recognized refugee
not as an asylum seeker
• Write an application letter explaining the reasons for
applying for the certification
• Go to the initial refugee reception office where
application for asylum was first lodged and complete the form. The
Refugee Reception Office will ensure that the applicant complies
with all the requirements
• The application will be referred to the Standing Committee
for Refugee Affairs which is the body established to certify or
not if the applicant will remain a refugee indefinitely
• If successful, the applicant will then be issued with a
“Certification” or Section 27© which will enable the applicant to
apply at any Home Affairs office for an “Immigration Permit” or
“Permanent Residence”
Legal Instruments
 Refugee Act, 1998 (No 130 of 19998)
 1951 UN Convention relating to the Status of Refugees
 1969 OAU Convention Governing The Specific Aspects of
Refugee Problems in Africa and 1967 Protocol relating to the
Status of Refugees
 1993 Basic Agreement between the Government of South
Africa and the UNHCR
 The Immigration Act