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Asylum Seeker Permit

South AfricaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Official link

Explore pathways in South Africa Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is asylum. The South African Government's service page states that a person who has fled their country of origin for fear of persecution, and who does not have legal documents such as a passport or visa, must apply for an asylum seeker's permit at the nearest Refugee Reception Office. The asylum seeker's permit is described as a temporary permit given pending a decision on the application for refugee status or for asylum. The statutory basis is the Refugees Act 130 of 1998, which the Government describes as intended to give effect within South Africa to the relevant international legal instruments, principles and standards relating to refugees, to provide for the reception into South Africa of asylum seekers, and to regulate applications for and recognition of refugee status.

See recorded sources
Limits of the record
  • The captured pages do not reproduce the Refugees Act itself, its definitions of a refugee, or the grounds of exclusion.
  • This South African Government service page is a short official summary and carries no publication or revision date; it is not the Refugees Act or its regulations.

Which population, circumstances or geographic group does the mechanism cover?

The population described is a person who has fled their country of origin for fear of persecution and who does not hold legal documents such as a passport or visa. No nationality, region or quota is named. The Refugees Act 130 of 1998 is stated to give effect to the relevant international legal instruments, principles and standards relating to refugees, and the service page links the 1951 UN Convention relating to the Status of Refugees and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa as the related instruments. The official pages do not set out the statutory definition of a refugee, so the qualifying grounds are not established here.

See recorded sources
Limits of the record
  • The captured pages do not set out the statutory definition of a refugee or the grounds on which status is granted or refused.
  • This South African Government service page is a short official summary and carries no publication or revision date; it is not the Refugees Act or its regulations.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

Asylum is applied for by reporting in person at a Refugee Reception Office, where the application for asylum is made in terms of section 21 of the Refugees Act, 1998. The Immigration Act states this for a person holding an asylum transit visa, who becomes an illegal foreigner if the visa expires before he or she reports.

See recorded sources
Limits of the record
  • The captured sources do not list the Refugee Reception Offices, their locations or how an appointment is obtained.
  • The captured text is section 23(2) of the Immigration Act on asylum transit visa holders; section 21 of the Refugees Act itself is not captured, so the procedure for a person already in South Africa without a transit visa is not set out.
  • https://www.dha.gov.za/images/PDFs/IMMIGRATION-ACT-2002---UPDATED-2015.pdf
    (2) Despite anything contained in any other law, when the visa contemplated in subsection (1) expires before the holder reports in person at a Refugee Reception Office in order to apply for asylum in terms of section 21 of the Refugees Act, 1998 (Act No. 130 of 1998), the holder of that visa shall become an illegal foreigner and be dealt with in accordance with this Act.

What happens after the request: registration, family handling, major support and rights where officially stated?

The asylum seeker's permit is a temporary permit given pending a decision on the application for refugee status or for asylum. If the asylum application is approved, the applicant is given a Section 24 permit, also known as a Refugee Permit, which officially recognises the person as a refugee and is valid for two years and may be renewed. The official pages say nothing about work or study rights during the asylum process, about accommodation or financial support, about the treatment of family members, or about appeal rights if the application is refused.

See recorded sources
Limits of the record
  • The captured pages state nothing about work, study, healthcare, accommodation or financial support while the application is pending.
  • The captured pages state nothing about family members or about appeal rights after a refusal.
  • This South African Government service page is a short official summary and carries no publication or revision date; it is not the Refugees Act or its regulations.

Which competent authority, UN body or official assistance channel should the person use?

The competent authority is the Department of Home Affairs, through its Refugee Reception Offices. The service page directs the reader to find out more about applying for refugee or asylum seeker status or to contact the Department of Home Affairs, and links the Immigration Act, 2002, the Refugees Act, 1998, the 1993 Basic Agreement between the Government of South Africa and the UNHCR, the 1951 UN Convention relating to the Status of Refugees and the 1969 OAU Convention.

See recorded sources
Limits of the record
  • The captured pages carry no fraud or scam warning and name no legal-aid or civil-society assistance channel.
  • This South African Government service page is a short official summary and carries no publication or revision date; it is not the Refugees Act or its regulations.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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