Name of the Organization : Department of Home Affairs
Type of Facility : Refugee Status & Asylum
Location : Pretoria
Website : http://www.home-affairs.gov.za/
Refugee Status & Asylum :
An Asylum Seeker :
** He is a person who has fled his or her country of origin and is seeking recognition and protection as a refugee in the Republic of South Africa, and whose application is still under consideration.
Related : New Requirements For Children Travelling Through South African Ports Of Entry : www.southafricain.com/99.html
** In case of a negative decision on his application, he has to leave the country voluntarily or will be deported.
A Refugee :
** 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.
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.
Refugee Status Determination :
** 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).
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.
Service Standard :
** Applications may take up to six months
Cost :
** There is no fee payable for eligibility and status determination interviews as well as issuance or renewal of section 22, section 24 and refugee ID.
** Service to asylum seekers and refugees is free of charge.
** All asylum seeker are encouraged to report any person who exhorts money from them.
Contact Address :
Pretoria,
Gauteng,
South Africa