When individuals flee their home countries due to fears of persecution, lacking legal documentation such as a passport or visa, their first step toward seeking safety is applying for an asylum seeker’s permit at the closest Refugee Reception Office (RRO). This permit acts as a temporary authorization while their application for refugee status or asylum undergoes evaluation.
An asylum seeker is an individual who has fled their country of origin, seeking recognition and protection as a refugee within the Republic of South Africa. Throughout the application process, if the decision on their application turns out negative, they are obliged to leave the country voluntarily or may face deportation.
On the other hand, a refugee is someone who has been granted asylum status and protection according to Section 24 of the Refugee Act No. 130 of 1998. Under the United Nations Convention of 1951, a refugee can fall under two categories:
- Convention refugee: One who has left their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group.
- Person in need of protection: Someone facing a personal danger of torture, risk to life, or cruel treatment upon returning to their home country.
The Government of the Republic of South Africa has a substantial responsibility to grant protection to refugees and individuals in need of protection, aligning with various UN Conventions, notably the 1951 Convention Relating to the Status of Refugees. However, individuals seeking protection based on threats to life or unusual treatment must have directly faced these risks within the concerned country.
Eligibility Procedure for Asylum Seekers
Arrival and Initial Application
Asylum seekers enter South Africa through designated ports of entry, including land border posts, airports, or harbors. Upon arrival, they claim asylum seeker status and receive a section 23 Permit, a non-renewable “asylum transit permit” under the Immigration Act. This permit is valid for a strict period of 14 days, during which the asylum seeker must report to the nearest Refugee Reception Office (RRO) to initiate their asylum application in accordance with section 21 of the Refugee Act.
Required Documents
Asylum seekers must provide specific documents, including the section 23 permit, any form of identification from their country of origin, and a travel document if available.
Application Process
At the designated RRO, the asylum seeker presents themselves in person to commence their application. This involves several crucial steps:
- Fingerprinting conducted as per stipulated procedures.
- Interpreter arranged if required for the process.
- Initial interview conducted by a Refugee Reception Officer (RRO), with the completion of the BI-1590 form.
- Capturing of applicant’s data and image within the refugee system.
- Issuance of an Asylum Seeker’s permit (section 22 permit) upon completion, validating a temporary stay in South Africa while awaiting the final decision on the application. This permit is initially valid for six months and can be extended by an RRO for an additional six months while the status determination process continues.
Rights Granted
Holders of the section 22 permit are entitled to work and study in South Africa, securing protection against deportation to their country of origin.
Refugee Status Determination
Follow-up Process
As the section 22 permit approaches expiry, the asylum seeker is required to return to the Refugee Reception Office for further processes.
Secondary Interview – Refugee Status Determination:
Conducted by a Refugee Status Determination Officer (RSDO), this secondary interview forms a crucial part of the status determination process. During this stage:
- The RSDO meticulously evaluates the application.
- Adjudication of claims for asylum is undertaken, with clear reasons provided for decisions made.
- The RSDO must conclude the status determination hearing by either granting asylum, rejecting the application as manifestly unfounded, abusive, or fraudulent, or referring any legal questions to the Standing Committee for Refugee Affairs (SCRA).
Granting of Refugee Status
Successful asylum seekers, upon the granting of asylum (acknowledgment of refugee status), typically receive a section 24 permit. This document permits the holder to remain in South Africa for a specified two-year period, subject to renewal upon expiration following a review process conducted by an RSDO.
To extend refugee status, individuals must request an extension by submitting a written request before the expiration of their existing permit.
Rights Granted to Refugees
Holders of the section 24 permit have the legal right to work and pursue education in South Africa while the permit remains valid.
Refugee Enabling Documents
Refugee ID Application
Within 15 days after being recognized as a refugee, individuals must apply for a Refugee ID at any Refugee Reception Office. This identification document is obtained through the prescribed procedure.
Refugee ID Application
Within 15 days after being recognized as a refugee, individuals must apply for a Refugee ID at any Refugee Reception Office. This identification document is obtained through the prescribed procedure.
United Nations Convention Travel Document (UNCTD) Application
Once issued with a Refugee ID, refugees can proceed to apply for a UNCTD at any Refugee Reception Office. This travel document is acquired following the stipulated application process.
Cost and Accessibility
Obtaining a Refugee ID is cost-free.
Appeal and Review Process
The appeal and review process in the refugee application journey involves several steps for asylum seekers or refugees who have received a negative decision or seek a reconsideration of their status:
Appeal to Refugee Appeal Board (RAB)
If an asylum seeker or refugee disagrees with the decision made by the Refugee Status Determination Officer (RSDO), they can file an appeal to the RAB within a specified time frame.
Hearing and Presentation
The RAB conducts a fair hearing where the appellant can present their case comprehensively, ensuring the right to be heard and to present evidence supporting their claim.
RAB Decision
Following the hearing, the RAB assesses the appeal and can confirm, set aside, or amend the decision made by the RSDO based on the merits of the case presented.
Manifestly Unfounded Applications
For cases considered manifestly unfounded, the Standing Committee for Refugee Affairs (SCRA) reviews, confirms, or sets aside RSDO decisions and can refer cases back to the RSDO for further determination.
Certification
Asylum seekers or refugees who aim to certify their indefinite refugee status can apply by submitting a detailed application form (BI 1754) to the SCRA. This application requires proof of continuous refugee status for ten years, including documents related to dependents, passports, and an explanation if a passport isn’t available. Once certified, individuals can apply for permanent residence through the Department of Home Affairs.
Legal Instruments
The process of asylum and refugee status determination in South Africa is governed by various legal instruments including the Refugee Act of 1998, the 1951 UN Convention relating to the Status of Refugees, the 1969 OAU Convention, the Basic Agreement between the South African Government and UNHCR, and the Immigration Act. These laws outline the rights and procedures related to seeking asylum and protecting refugees.
Service Standard
The processing of asylum and refugee status applications may take up to six months. During this period, applicants await the determination of their status, including interviews, background checks, and decision-making processes. Delays in the process might occur due to the complexity of individual cases or administrative constraints.
What will it cost
There is no fee for eligibility assessments, status determination interviews, or the issuance or renewal of permits related to asylum and refugee status. All services provided to asylum seekers and refugees in South Africa are free of charge. Furthermore, individuals are encouraged to report any attempts of extortion or bribery during their application process.