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National survey of the refugee reception and status determination system in South Africa
Forced Migration Studies Programme, Wits University
February 2009

http://migration.org.za/uploads/Press2009/FINALMRMPRefugeeReceptionReport.pdf (Direct link to 65 page pdf)

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Introduction

Refugee Reception and Status Determination in South Africa

With its transformation to democracy 15 years ago, South Africa began to serve as a destination point for asylum seekers from Africa and Asia. As part of its commitment to democracy and human rights, the ANC government adopted domestic legislation to give effect to its international obligations. These obligations are based on the 1951 United Nations Refugee Convention and the 1967 Protocol, as well as the OAU Refugee Convention. The Refugees Act (no. 130 of 1998) and accompanying Regulations (2000) instituted a progressive legal framework governing the reception, status determination, and treatment of asylum seekers. They outlined procedures that accord both with international standards and with domestic administrative justice guarantees.

What the Law Says

The Application Process

The Refugees Act and accompanying regulations map out the application process and its procedural guarantees. Asylum seekers must approach one of the country's five refugee reception offices to lodge their application. At the reception office, applicants have fingerprints taken, fill out their eligibility forms, and receive a Section 22 asylum seeker permit. They then have an interview with a refugee status determination officer (RSDO), who makes a decision regarding their status. If the decision is negative, asylum seekers are entitled to launch an appeal that is heard by the Refugee Appeal Board.

The Refugees Act requires the Director-General (DG) to set up as many refugee reception offices as deemed necessary for the purposes of the law. In line with these purposes, the laws and regulations require that the status determination interview generally take place within 30 days (1 month) and a decision generally be issued within 180 days (6 months) of launching the application.

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