Asylum in South Africa: applying for refugee status

At a port of entry, a person who says they are an asylum seeker is issued a section 23 asylum transit permit under the Immigration Act; DHA's page states it is valid for 14 days and authorises the person to report to the nearest Refugee Reception Office to apply under section 21 of the Refugees Act. Bring the section 23 permit, any identification from your country of origin and your travel document if you have one.

The application is lodged in person at a designated Refugee Reception Office. Fingerprints are taken, an interpreter is arranged if needed, a first interview is conducted and form BI-1590 completed, and a section 22 asylum seeker permit is issued, signed and stamped.

A recognised refugee receives a section 24 permit for two years, renewable after review, and may work and study. The refugee must apply for a refugee ID at a Refugee Reception Office within 15 days; the ID is free, and a UN Convention Travel Document can then be requested. After ten continuous years as a refugee, certification as an indefinite refugee by the Standing Committee allows an application for permanent residence through VFS Global.

The section 22 permit legalises your stay pending a final decision. It is valid for six months and can be extended by the Refugee Reception Office for further six-month periods while status determination continues. DHA states that the holder has the right to work and study and is protected against deportation to the country of origin. Before the permit expires you return for a second interview with a Refugee Status Determination Officer (RSDO).

The RSDO grants asylum, rejects the claim as manifestly unfounded, abusive or fraudulent, rejects it as unfounded, or refers a question of law. A person whose claim is rejected may appeal to the Refugee Appeal Board within 30 days of the decision being handed over; the Board holds a hearing and can confirm, set aside or substitute the decision. Decisions on manifestly unfounded applications are reviewed by the Standing Committee for Refugee Affairs. After a final negative decision the person must leave voluntarily or face deportation.