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REFUGEE / ASYLUM

THE PROCESS OF ACQUIRING REFUGEE STATUS IN SOUTH AFRICA

Seeking asylum and acquiring refugee status in South Africa is a legal process governed by the Refugees Act, 1998. It allows individuals fleeing persecution, conflict, or serious human rights violations in their home countries to request protection and legal stay within South Africa. At Musasa Attorneys, we guide clients through each step of this process with care, confidentiality, and legal precision.

The asylum process provides protection to individuals who cannot return to their countries of origin due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
It ensures that refugees are treated in accordance with South African and international refugee law.

The ZEP was typically arrival and Intention to Applying:

Upon entering South Africa, an asylum seeker must declare their intention to apply for asylum at a designated Refugee Reception Office (RRO).

Lodging the Application:

The applicant completes Form BI-1590 and provides personal details, reasons for seeking asylum, and any supporting evidence.
A Section 22 Asylum Seeker Permit is then issued,this document legalises the applicant’s stay in South Africa while their claim is being processed.

Interview and Assessment :

The applicant is interviewed by a Refugee Status Determination Officer (RSDO), who evaluates the claim and supporting documentation.
The decision is based on the applicant’s credibility, evidence, and prevailing conditions in their country of origin.

Outcome:

  • If approved, the applicant receives a Section 24 Refugee Status Permit, granting official recognition as a refugee.

  • If rejected, the applicant may appeal the decision to the Refugee Appeal Authority (RAA) or Standing Committee for Refugee Affairs (SCRA), depending on the type of rejection.

    • Rights and Obligations :

  • Recognised refugees are entitled to work, study, and reside lawfully in South Africa and may apply for certification as indefinite refugees after 10 years of continuous stay.

    • Applicants must remain in South Africa while their case is pending.

    They must renew their Section 22 permit until a final decision is made.

    The process must be followed in person at a Refugee Reception Office.

    Applicants cannot apply for other visas or permits while their asylum claim is under consideration.

    Leaving South Africa without authorisation may lead to withdrawal or closure of the asylum file.

  • The Section 22 Asylum Seeker Permit is typically valid for 3 to 6 months and can be renewed until a final decision is made.

  • Recognised refugees hold a Section 24 Refugee Status Permit, which is renewed every four years or until they qualify for indefinite certification.

    • Nuborders Immigration Solutions

  • Preparing and lodging asylum applications at Refugee Reception Offices.

  • Representation in appeals before the Refugee Appeal Authority (RAA) and SCRA.

  • Legal advice and document preparation for renewals and indefinite certification.

  • Permanent residence applications for recognised refugees under Section 27(d).

    • OUR PHILOSOPHY

    At Nuborders Immigration Solutions centres around providing personalised, efficient, and compassionate support throughout your immigration journey. We believe that navigating the complexities of immigration should be a seamless experience, tailored to each individual’s unique needs and circumstances.