What Is A Refugee Status?
When the applicant is deemed to be in need of protection, refugee status is given. A person is considered a refugee if they are unable to go back to their home country because doing so would put their lives in danger from either persecution or armed conflict. According to South African law, a refugee is precisely defined under Section 3 of the Refugees Act.
How To Apply For A Refugee Status In South Africa?
In South Africa, a person seeking asylum must submit their application in person at an RRO. The applicant for asylum must complete a prescribed form and go through an individual interview to determine their eligibility for refugee status. If the applicant is turned down at this stage, they can either ask for an appeal hearing or provide written justifications for why they need international protection. The person will be given documents to legalize their stay in South Africa during this procedure in the form of a temporary asylum seeker permit. The asylum applicant must frequently renew his or her documents during the adjudication procedure by going to an RRO every one to six months.Although it is intended for the process to take six months to complete, it frequently takes a decade or longer. As a result, an asylum seeker must attend RROs repeatedly before finding out the application’s final status.
What Are The Solutions To The Challenges Facing The Refugee And Immigration Regime In South Africa?
Although there are many difficulties facing migrants and those seeking asylum, there are also solutions:
1.Implementation Of The Refugee Act
The Refugees Act, which offers a robust structure for protecting metropolitan refugees, has been called “one of the most advanced in the world.”
It can serve as a model for refugee protection around the world if properly executed. Correct implementation entails tackling the system’s biggest problems and eliminating fraud and poor management. The Department must show that it will carry out the asylum rule in a way that complies with both the Constitution and the Refugees Act. A fair and effective asylum system guarantees that genuine refugees obtain protection and that individuals who do not file for asylum are dealt with properly and expeditiously. It serves the interests of both the South African government and asylum seekers to have a functioning asylum system.
2.Implement a system of immigration that fosters development
Low- to medium-skilled immigrants are not eligible for lawful immigration under the Immigration Act, the law governing regular immigration procedures. This is not how migration actually occurs in southern Africa, where many people who migrate for non-refugee-related reasons apply for asylum owing to ignorance of the system and a lack of alternative workable options. Migration in South Africa is anticipated to rise, as acknowledged by the National Development Plan, and should be used to advance development. Recognizing this imbalance, the Department’s 2017 White Paper on International Migration advocates for policy changes to encourage carefully controlled economic migration from neighboring countries, including a regularization program to give permits.Recognizing this imbalance, the Department’s 2017 White Paper on International Migration calls for policy changes to enable carefully controlled economic migration from neighboring countries. These changes include a regularization program to offer permit options to undocumented migrants already living in South Africa, the introduction of new visa options to accommodate economic migrants in the region, and a stronger focus on employers who take advantage of undocumented migrants.
These rules would make the asylum system less taxed and enable a more efficient application procedure that focuses on giving the international protection that so many refugees need.
How Can I Become Eligible For A South African Refugee Permit?
You must have previously been granted refuge and have resided continuously in South Africa for five years.
What Supporting Documentation Should I Offer When Applying For A Refugee Permit In South Africa?
The following proof must be presented in order for us to be eligible to apply for permanent residency on the grounds that we have maintained our refugee status for a continuous period of five years:
- Work references or service records (covering at least the last five years)
- Evidence of five consecutive years of uninterrupted refugee status in the Republic
- Original confirmation that the applicant would continue to be a refugee indefinitely from the standing committee for refugee affairs
- Original affidavit addressing aliases used by the principal applicant or family members to apply for refugee status (if applicable).
How Long Does The Refugee Permit Processing Take?
The usual processing time for these types of permits is between 8 and 10 months, after which the Department of Home Affairs will respond with its decision.
Pros Of A South African Refugee Permit
A refugee permit holder is exempt from deportation to his country of origin and has the freedom to work and study in South Africa.
Cons Of A South African Refugee Permit
- A significantly long processing time for applications
- Must have stayed in South Africa lawfully for a minimum of five years.
