ASYLUM SEEKERS AND REFUGEES

The Department of Home Affairs confirmed in June 2020 that international travel will be allowed for South Africans, who are stuck in South Africa and fall within various categories. There are certain imperative requirements in order to travel internationally, including a ‘letter of admissibility’ from the country you are travelling to as well as a Home Affairs approval letter before the international travel arrangements can be made.

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Valid for 2 years

The permit may be renewed

Permit holders are allowed to apply for Permanent Residence Permit if you have lived in SA for more than five (5) years

6 months business visas allow travellers to stay up to 30 consecutive days

May appeal against the rejection decision to the Refugee Appeal Board (“RAB”) within 30 days

WHAT IS AN ASYLUM SEEKER PERMIT?

The Asylum Seeker’s permit is a temporary permit which you are given pending a decision on your application for refugee status.
If your asylum application is approved, you will be issued with a Section 24 permit (also known as a Refugee Permit) which officially recognises you as a refugee and is valid for 2 years.
The permit may be renewed. If your asylum application has been rejected, the applicant will be required to leave the country voluntarily or apply for an appeal or review of the decision.
You can apply for Permanent Residence permit if you have lived in South Africa for more than five years on a Refugee Status Permit.

ELIGIBILITY PROCEDURE: ASYLUM SEEKER

THE ASYLUM SEEKER IS REQUIRED TO FURNISH
• Any proof of identification from the country of origin;
• A travel document if in possession of one; and
• The Asylum Seeker submits in person his application at a designated Refugee Reception Office where an admissibility hearing takes places.

THE FOLLOWING IS DONE
• Applicant’s fingerprints taken in the prescribed manner;
• Interpreter (if necessary);
• First interview conducted by a Refugee Reception Officer (“RRO”);
• 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 months legalises the Asylum Seeker’s stay in the Republic of South Africa temporarily pending a final decision on his/her application. The permit can be extended by an RRO for a further six months while the process of status determination is in progress; and
• The holder of Section 22 permit has the right to work, study and conduct business in South Africa and is protected against deportation to his country of origin.

REPORTS TO THE REFUGEE RECEPTION OFFICE

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, decides 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 application as manifestly unfounded, abusive, or fraudulent; or refer any question of law to the Standing Committee for Refugee Affairs (“SCRA”).
When granted 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.
The refugee permit holder 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 Identity Document (“ID”) at any Refugee Reception Office within 15 days in the prescribed manner.
After being issued with an Identity Document, a refugee can apply for a United Nations Convention Travel Document (“UNCTD”) at any Refugee Reception Office in the prescribed manner.
An ID is free.

SECTION 27 C – CERTIFICATION WITH THE STANDING COMMITTEE

The applicant must have 5 full years continuous residence in the Republic of South Africa as a formally recognized refugee.
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 27C which will enable the applicant to apply at any Home Affairs office for a Permanent Residence.

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.

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Kindly note that our offices are closed between 25 December 2024 and 1 January 2025 and as such there will be a delay in our normal expeditious response times. Our teams are taking a short festive season break and will address your query upon their return on Thursday, 2 January 2025.