Who is the visa for?
Asylum and refugee permits can be issued to individuals who qualify for Refugee Status. Refugee Status is issued to individuals whose lives are threatened in their own countries and are forced to flee.
Eligibility Criteria
According to South African law, in order for an individual to qualify for refugee status, they must be able to provide evidence that their lives have been put in jeopardy by to being mistreated in their own countries due to one of the below:
- Race
- Religion
- Nationality
- Political opinion
- Tribe
- Membership of a particular social group (as well as individuals who are discriminated against due to their gender or sexual orientation).
- Individuals who reside in a country in which there is war, may also apply for refugee status. These individuals must provide evidence as to how their lives were endangered due to war and why returning home will put their lives in further danger.
Additional Information
If an individual qualifies for the above criteria, they must declare themselves as an asylum seeker when they reach the South African border. The border officials will issue an Asylum Transit Permit which can then be used to apply for refugee status at one of the three Refugee Reception Offices in Pretoria, Durban and Musina. At the Refugee Reception Offices an Asylum Seeker Permit can be obtained and this document will serve as proof that you have applied for refugee status and are legally in the country.
Note: There are often long queues outside the Refugee Reception Offices and it is advised to arrive early. Due to this fact one might be required to visit the office multiple times before being able to obtain an Asylum Seeker Permit.
Without this permit you might be arrested by immigration officials or by the police. If this happens, tell them that you have been trying to apply for refugee status and they must assist you in doing this.
At the Refugee Reception Office
When you get to the Refugee Reception Office, you will have what is called a first interview. In this interview you will be required to answer a series of questions surrounding yourself. This interview is very important since the answers you give will determine whether you qualify for refugee status or not. Later you will have a second interview where the officials will check if your story is still the same.
After completing the application form with the Refugee Reception Officer, your fingerprints will be taken. A file will be created in your name and you will be given a file number and a case number. It is advised that you write these numbers down in case you were to lose your permit papers.
Note: If you do not speak proper English you must bring a trusted translator along for your interviews.
Refugee Status Application Costs
There are no costs involved in applying for refugee status. The entire process is absolutely free. If anyone are to ask for any form of payment, you must report them to the Refugee Office Centre Manager and/or to the police. The penalty for accepting or paying a bribe will be severe and if found guilty one can be put in prison.
Asylum Seeker Permit (Section 22 permit)
Please note that this permit does not recognize you as a refugee. This permit merely serves as proof that you have applied for refugee status. Home Affairs will either issue the permit on the same day as application or you may be required to collect it at a later date. Be sure to sign this permit and keep it on you at all times. It is advised that you also make a copy of your Section 22 permit and keep it in a safe place.
When in possession of the Section 22 permit you will have all the rights of a South African citizen with the exception of the right to vote. This document allows you to work, study and visit hospitals or clinics just like a South African Citizen.
The Section 22 permit is valid for six months. You may have to renew your permit until you are asked to return for your second interview. Please note that this may take several months.
The Second Interview
This interview is also called a Status Determination hearing and is conducted by a Refugee Status Determination Officer (RSDO). The RSDO will look at your application from your first interview to determine whether you qualify for refugee status. The RSDO may ask you to verify your identity and the country you claim to be from. You could also be asked about languages, cultures, streets, historical events, etc.
You will have the right to be accompanied by an interpreter and a legal representative. The legal representative is however not allowed to intervene with the interview. You may present any evidence that may be important to your case as well as witnesses and witness affidavits.
Make sure that your asylum seeker permit is stamped and renewed after the interview. You will be provided with a date on which you must return to the refugee office to get a decision on your application form. This may take sixty days or more. Ask the RSDO if you are unsure of this date.
Refugee Permit (Section 24 Permit)
Once your application has been approved, you will receive a Section 24 permit. This permit recognizes you as a South African refugee and is valid for four years. Please note that it must be renewed once it has expired.
Once you are an official refugee in South Africa, you can apply for a refugee identity document and with that, you can apply for a travel document. Please note that once you have refugee status you must no longer travel with a passport from your own country, but instead with your United Nations Convention Travel Document. Also note that you may not travel to your own country or you could lose your refugee status.
Application for Section 24 Permit Rejected
if your asylum application is rejected then the DHA does not recognize you as a refugee and you must either leave the country or file an appeal within 30 days. Depending on the reasons for your rejection, you will need to the Refugee Appeal Board or the Standing Committee for Refugee Affairs. If you believe that you qualify for refugee status it is recommended that you seek legal advice from an organisation like Lawyers for Human Rights, UCT Law Clinic, Wits Law Clinic or Nelson Mandela Metropolitan University – Refugee Rights Centre.
If your decision is rejected on grounds of being manifestly unfounded, abusive or fraudulent, it will be automatically reviewed by the Standing Committee for Refugee Affairs. You may be unable to appear in front of the committee; however, you may provide a written statement saying why you disagree with the negative decision. This needs to be submitted to the same refugee office which handed you your letter of rejection or directly to the Standing Committee.
If your application is rejected for any other reason, you will have to appeal to the Refugee Appeal Board. It is advised that you seek legal assistance in preparing for your appeal. This includes a written statement where you can argue why your claim should be approved. There are several NGOs that will give free legal assistance to asylum seekers.
The appeal must be submitted to the refugee reception office that issued you your letter of rejection. This office will then hand over the case to the Refugee Appeal Board. The Board will call you for a hearing where you will once again be given the opportunity to present your case and your reasons for applying for asylum. You will get your appointment for the oral hearing at the Refugee Reception Office when you go there to extend your asylum seeker permit. Note that you cannot phone to receive this information.
After completing this hearing, you will receive an answer within ninety days. Be sure to renew your Asylum Seeker permit while you wait for feedback from the board.
