Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960 [email protected].

Kaajal Ramjathan-KeoghLawyers for Human Rights

Tel 011 339 [email protected]

Refugees 43546 Asylum seekers 227, 125

Total 270, 671

Refugees primarily from Burundi, DRC, Somalia

More than 207,200 new claims lodged in 2009UNHCR : South Africa is the largest single

recipient country of asylum seekers in 2008/2007.

Zimbabwe 122,600Malawi 18,160Ethiopia 11, 350

Bangladesh, India, China, Pakistan

According to the 1998 Refugees Act, a refugee is someone who:

 (a)    Owing to a well-founded fear of being persecuted by reason of his or her race, tribe, religion, nationality, political opinion or membership of a particular social group, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of the protection of that country, or, not having a nationality and being outside the country of his or her former habitual residence is unable or, owing to such fear, unwilling to return to it; or

 (b)    Owing to external aggression, occupation, foreign domination or events seriously disturbing or disrupting public order in either a part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge elsewhere: or

c)    Is a dependant of a person contemplated in paragraph (a) or (b).

Political Beliefs/ Opinion Race, tribe or ethnic origin eg. colour,

descent, national or ethnic origin Membership of a particular social group

eg. gender, language, sexual orientation Religious beliefs including atheism Nationality

Person who has committed: Crimes against humanity War Crimes Crimes against Peace Serious non-political crimes Acts contrary to the principles of the

United Nations of African Union.

1. Lodge an application for asylum at a Refugee Reception Office

2. Application process: complete forms, finger prints, biometrics, photos

3. Receive a section 22 permit4. After 30 days attend a Status Determination

Hearing5. After 180 days receive an outcome to your

interview- either receive a rejection of your application OR be granted refugee status

6. Lodge an appeal against the rejection7. High Court Review

Permit to be taken in person to any RRO on the day that it expires

RRO Crown Mines (Jhb) , Moore Road (Dbn), Marabastad (Pta), Port Elizabeth, Maitland (CT) and Musina

Permitted to renew permits at any RRO- although there may be some exceptions

Asylum seeker permit- valid 1 – 6 months

Refugee permits- valid for max. 2 years

How to conduct an interview? Request File Contents, Power of Attorney

required Prep Heads of Argument Refugee Appeal Board Rules and

documents www.dha.gov.za Precedents

Why did you leave your country? Full details to be able to establish

whether the claim falls within the ambit of the Refugees Act

When, how did you travel, whether you have any travel docs, id docs etc.

Try to establish persecution Whether there is any fear of return to

country of origin?

You may forward a submission for the Standing Committee for Refugee Affairs to consider

You may also ask for client to be able to have a oral hearing before SCRA

This needs to be done within 30 days/ or ask for condonation if out of time

Employment “right to work and study” CCMA intervention in disputes Discovery

health case (Lanzetta) 2007 Opening bank accounts Drivers Licences - memo Medical professionals and registration Teachers Access to Health Care

Representation and preparation of appeals

Section 31(2) (b) applications Access to state services Local integration issues- section 27(c )

certification, permanent residence Change of status (Dabone case, 2003)-

no need to cancel asylum application while applying for/waiting for new status

Regulation 110 (3) (a) National Road Traffic Act 1996 states that when the holder of a foreign driver’s licence or the holder of an international driving permit obtains permanent residence, such drivers licence shall no longer be deemed to be a valid licence after one year from the date of obtaining such residence.

If a holder of a foreign drivers licence wishes to take the South Africa driving test, they may be allowed to do so. It is not an offence to hold 2 drivers licences.

No requirement for any docs to enrol children into state schools

Conditional acceptance (SASA)

Application for new drivers licenceA foreign national who does not have an identity number needs to apply for a Traffic Registration Number in lieu of an identity number in order to commence this application for a drivers licence.

How to exchange a foreign driver’s licence?

The application must be made on form DL1 (check) and be accompanied by acceptable identification of the applicant.

4 photographs of the applicant translation of the licence (if not in an

official language of SA) Confirmation of the validity of the licence

from the relevant Embassy (this requirement may be waived if the applicant is an asylum seeker/refugee)

With a permit Forward copy of permit to police station and

demand release If client is at Lindela, send correspondence

to Director of Refugee Affairs for release Without Permit If permit has been lost, get RRO to confirm

that client has lodged an application for asylum

If client has not applied for asylum they may do so while in detention, however the will be obliged to remain in detention pending the finalisation of the asylum claim.

If person has changed place of residence they can request file transfer to a different RRO

Request to be sent to RRO where the file is held cc to RRO that you wish file to be transferred to.

Holder of Section 22/24 may change status once they marry a SA citizen.

Need a passport Can apply at Home Affairs for accompany

spouse visa Need to be married 5 years before can

lodge application for PR unless married before 2004.

Circular from Dept health

South African Constitution Refugee Act of 1998 HIV Aids and STI Strategic Plan for SA National Dept of Health Memo February

2007 National Dept of Health Directive

September 2007