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Challenges in the Processing of Asylum Applications and Issuance of Permits

Caring, compassionate and responsive

01 June 2010

Briefing to the Portfolio Committee on Home Affairs

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BACKGROUND


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ASM Mandate


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The ASM core mandate gives recognition to the relevant international legal instruments, principles and standards relating to refugees.

To provide for the reception of asylum seekers into South Africa.

To regulate applications that provide for the recognition of refugee status

To provide for the rights and obligations flowing from such status, including enabling documentation

Process refugee enabling documents such as ID and travel documents

Provide support services to the Refugee Appeals Authority as provided for in the Refugee Amended Act

Cooperate and assist with the voluntary repatriation of refugees, advancing commissions and country of origin research for refugees.

Advise and formulate policy on refugee related matters

Monitor the functioning of Refugee Reception Offices

Liaise with stakeholders such as UNHCR, NGOs and Government Departments

The Asylum Seeker Management mandate is included in the Refugee Act 130 of 1998:The Asylum Seeker Management mandate is included in the Refugee Act 130 of 1998:

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Contextualising an Asylum Seeker and a Refugee


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An Asylum Seeker

- Is a person who has fled his/her country of origin and is seeking recognition as a refugee in the Republic of South Africa, and whose application is still under consideration.

A Refugee

- Is an asylum seeker who has been granted asylum status and protection in terms of the Refugees Act No 130 of 1998.

• Under the 1951 United Nations Convention:– a refugee can be a “convention refugee” who has left his home country and has a

well-founded fear of persecution for reasons of race, religion, nationality, political opinion or a membership in a particular social group.

• The 1969 Africa OAU Convention: - a refugee can also be a person who has left his home owing to external

aggression,occupation,foreign domination, or events seriously disturbing or disrupting public order in either a part or the whole of his country of origin or nationality

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Legislative Framework Overview


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The Refugees Act provides practical implementation of the relevant international legal instruments, principles and standards relating to refugees; to provide for the reception into South Africa of asylum seekers; to regulate applications for and recognition of refugee status; to provide for the rights and obligations flowing from such status;

Refugees enjoy all the human rights contemplated in the Bill of Rights except the right to vote.

The Bill of Rights is the cornerstone of democracy in South Africa. It provides for the rights of all people in our country and affirms a wholesale of democratic values of human dignity, equality and freedom.

1996 Constitution

Refugees Act, 1998

The 1951 UN Convention on the Status of Refugees and its 1967 Protocol

The 1969 OAU (AU) Convention governing the specific aspects of refugee problem in Africa

The 1993 Basic Agreement between South Africa and the UNHCR

RSA CONSTITUTION,1996

REFUGEES ACT, 1998

LEGAL FRAMEWORK

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CHALLENGES


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Challenges Encountered in Processing Applications for Asylum


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Identified challenges at Legislative framework level:– Absence of provisions in the existing frameworks to address issues of economic migrants lead to the abuse of

the system.– The certification of refugee status is being used to qualify for permanent residence and ultimately citizenship

Consolidation of aspects of citizenship in the citizenship Act to deal with all aspects of citizenship and the abuse thereof.

– The current immigration legislation allows for immigration practitioners who abuse the system by assist asylum seekers to fraudulently access other permits in terms of the Immigration Act.

Challenges at an implementation level– Capacity Limited capacity to deal with overwhelming demand for service. New organisational structure has been

developed and the recruitment and appointment of additional staff is underway.– Status Determination process Too much responsibility is placed on an individual to make a decision on a claim for asylum. This makes the

individual vulnerable to corruption. The emphasis in the application processing focuses on compliance at the expense of risk assessment.– Appeal process Inadequate capacity of the Refugee Appeal Board has resulted in a bottleneck of cases being finalised. Protracted appeal processes render the system vulnerable to litigation.

Inadequate infrastructure– Office structural model not designed to cater for mass influx– Information systems have limitations in providing accurate management information to support registration

and Refugee Status Determination processes.

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Issuance of Permits


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Products Offered (Permits Issued)


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•Asylum Seeker’s Temporary Permit in terms of Section 22 of the Refugee Act

•Refugee Status in terms of Section 24 (3)(a) of the Refugee Act

•Refugee ID in terms of Section 30 of the Refugee Act.

•Refugee Travel Document

•Refugee Certification in terms of Section 27 (c) of the Refugee Act to enable the recipient to apply for Permanent Residence Permit

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Issuance of Permits to Asylum Seekers: S22

Provisions ImplicationsChallengesDefinition

Asylum Seekers Temporary Permit known as Section 22 Permit (S22)

The Asylum Seeker’s Temporary Permit is issued in terms of Section 22 of the Refugee Act which make provision for the conditions of the permit

Section 22 Permits: This permit which is issued to asylum seekers to legalize their stay in the Republic pending a final decision on their application for asylum. The permit is issued in 1 day.

Capacity to deal with demand for services

IT infrastructure is unstable

Applicant not protected.

Proposed Solutions

To strengthen the capacity to deliver


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Issuance of Permits to Refugees: S24


Refugee Status known as Section 24 Permit (S24)

Section 24 of the Refugee Act provides for the decision regarding application for asylum

Section 24 Permit is a Refugee Status issued within 180 days to a genuine refugee in RSA for protection

Ineffective adjudication process.

Inadequate capacity

High risk for national security as refugee status is issued to undeserving elements through misrepresentation or corruption

Proposed solutions

Amendment of the Refugee Act in terms of adjudicative procedure and capacity


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Issuance of Permits to Refugees: Refugee ID


Refugee Identity Document

Section 30 of the Refugees Act 130 of 1998 provides for the issuance of Identity Document to refugees in the prescribed manner

A refugee, not an asylum seeker, must apply for a refugee ID book at any Refugee Reception Office within 15 days of the receipt of his refugee status in the prescribed manner and be issued with the document within 40 days

Technical challenge as HANIS not yet interfaced with NIIS (No conversion of fingerprints)

Delay in issuing Refugee ID within the required timeframe

Legal threats

Proposed Solutions

IT seeking a solution to the challenges.


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Issuance of Permits to Refugees: Passport


Refugee Travel Document

A refugee who is in possession of a refugee ID and a refugee status valid for at least 6 months can apply for a Refugee Travel Document at any Refugee Reception Office in the prescribed manner and be issued the document within 10 days

Technical challenge as HANIS not yet interfaced with NIIS (No conversion of fingerprints)

UNHCR no longer supplying UNCTD

Legal threats from NGO advocating for refugees

Proposed solutions

Phased-in approach which will include NIIS-HANIS-NPR systems Integration (interface) for an automated processing of travel documents

Section 31 of the Refugee Act 130 of 1998 provides for the issuance of Travel Document to refugees in the prescribed manner


THANK YOU

1 challenges in the processing of asylum applications and issuance of permits caring, compassionate...

Documents

convention refugee

refugee act

asylum status

status of refugees

refugee related mattersmonitor

refugee appeals authority

south africa of asylum

reception of asylum