REFUGEE LAW

General information about refugees and asylum seekers

Whenever you come into South Africa (whether by land, sea or air), you have to have valid documents (like a passport and a permit or visa) to prove you are legally allowed to be in the country.

However, there is a growing category of people often called refugees or asylum seekers. This group of people may not have the required legal documents to be in South Africa and can, therefore, apply for refugee status to give them legal standing in the country.

South Africa did not recognise refugees until 1993. Subsequently the country became a signatory to the United Nations (UN) and Organisation of African Unit (AU), and implemented a new Refugees Act in 1998 (become effective in 2000).

South Africa does not have any refugee camps so asylum seekers and refugees live mainly in urban regions and survive largely without assistance.

South Africa grants refugee status according to the following:

• 1951 Convention relating to the Status of Refugees (28 July 1951) 

• 1967 Protocol relating to the Status of Refugees (31 January 1967) 

• Basic Agreement between the Government of South Africa and the United Nations High Commissioner for Refugees. ( 6 September 1993) 

• 1969 OAU Convention Governing The Specific Aspects of Refugee Problems in Africa 
WHO IS A REFUGEE/ASYLUM SEEKER?

• People who have been forced to leave their country of origin for various reasons (for example; war, violent political unrest or genocide)
• Having a refugee status means that the person has the protection of the South African government and cannot be forced to return home until it is deemed safe to do so
• Refugees can access most of the same rights as South African citizens, except the right to vote

HOW TO QUALIFY FOR REFUGEE STATUS

• Your life was in danger due to persecution as a result of your race, tribe, religion, nationality, political opinion or membership of a particular social group;
• Or if there is war in your country. No other reasons exist to apply for refugee status or asylum status.

A refugee can apply for permanent residence after five years of continuous residence from the date of asylum being granted. Only recognised refuges can apply for a South African ID book. Your application must be adjudicated within 180 days of application (including an appeal period).

APPLICATION PROCESS

• You can only apply for refugee status or asylum at the designated Refugee Reception Centres managed by the Department of Home Affairs. There are currently three RROs in Pretoria (Marabastad), Musina and Durban. 

• A Refugee Reception Centre officer will assist you to complete the Eligibility Determination Form (BI-1590)

• There is NO CHARGE for applying for asylum in South Africa

• As part of your application you will have to have your fingerprints taken

• You will be interviewed by a Refugee Reception Centre officer and if you qualify, you will then be issued with an asylum seeker’s permit - often referred to as a Section 22 permit which will allow you to stay in South Africa.

Remember that:
o this permit does not recognise you as a refugee or asylum seeker, it is simply proof that you have applied for refugee or asylum status

o you must keep this permit on you at all times

o Section 22 permits are often valid for one to three months at a time, so you will have to regularly renew your permit until your application has been approved

• The conditions of your permit are subject to the discretion of the Standing Committee for Refugee Affairs

• You will need to attend a second interview, called a Status Determination hearing, which will be done by a Refugee Status Determination officer

• After this interview, your Section 22 permit will be renewed and date-stamped and you will be given a date on which you can check back at the refugee office to get the news of the final decision on your application

• If you application is approved, you will be given a Section 24 permit which officially recognises you as a refugee in South Africa. The Section 24 permit is valid for a period of two years and it has to be renewed no less than 3 months prior to the expiry date.

Once you have a Section 24 permit, you can then apply for a refugee ID document and a travel document. A refugee ID document is a maroon covered book that contains, among other things, your name and picture.

REJECTED APPLICATIONS

Types of rejections:

• Manifestly Unfounded: Where applications are found to be fraudulent and untrue
• Unfounded: Reasons other than fraud

If your application is rejected as manifestly unfounded, your case will automatically be referred to Standing Committee for Refugee Affairs (SCRA). You then have 14 days within which to present your case to SCRA as to why the SCRA should not uphold the decision of the Refugee Status Determination Officer (RSDO). If you fail to present your case to the SCRA and the decision of the RSDO is confirmed by SCRA, then you are in the country illegally and will be deported.

However, if you still feel that your application rejection is unfounded you then have 30 days within which to lodge an appeal to the Refugee Appeal Board through the Refugee Reception Office. Should you fail to appeal within 30 days you will be deported and may be arrested and kept in detention while awaiting deportation.

The Refugee Appeal Board will call you for an oral hearing where you can present your case. You will be informed of the date of the hearing when you renew your Section 22 permit at the RRO.

It is important to clearly state the reasons why returning to your home country will put your life in danger and the conditions which led to your departure of your home country to ensure a favourable hearing.

The decision-making process will take approximately 90 days and in the meantime, the asylum-seeker permit should be continuously renewed to avoid deportation as an illegal foreigner. You will be allowed to study or work while waiting for the decision to be made.