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Asylum Transit Visa

South AfricaHumanitarian protection

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

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Explore pathways in South Africa Read the five questions ↓

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

It is an asylum transit visa: the Director-General may, subject to the prescribed procedure, issue it to a person who at a port of entry claims to be an asylum seeker, valid for five days only, so that the person can travel to the nearest Refugee Reception Office to apply for asylum.

See recorded sources
  • https://www.dha.gov.za/images/PDFs/IMMIGRATION-ACT-2002---UPDATED-2015.pdf
    (1) The Director-General may, subject to the prescribed procedure under which an asylum transit visa may be granted, issue an asylum transit visa to a person who at a port of entry claims to be an asylum seeker, valid for a period of five days only, to travel to the nearest Refugee Reception Office in order to apply for asylum.

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

It covers a person claiming to be an asylum seeker under section 23(1) of the Act. The Regulations exclude three categories from being issued the visa: a person who has not completed Form 17, a person who already has refugee status in another country, and a fugitive from justice.

See recorded sources
Limits of the record
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

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

The application is made in person at a port of entry (at the border or point of arrival, not in advance from abroad or online) on Form 17, with biometrics taken at that time.

See recorded sources
Limits of the record
  • The Regulations do not name specific ports of entry, or state any advance-notice, appointment or online-lodging option.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

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

Section23(1) provides an asylum transit visa valid for five days to travel to the nearest Refugee Reception Office and apply for asylum. Under section23(2), the holder becomes an illegal foreigner if the visa expires BEFORE they report in person at the RRO to apply. Form17 separately instructs reporting within five working days and says the visa is not renewable. Accompanying dependants are recorded on the same form with identity particulars, a left thumbprint and photograph.

See recorded sources
Limits of the record
  • The five-day statute and five-working-day form are not reconciled. No border-timing eligibility conclusion is supplied.
  • Support, accommodation, work and movement rights during the reporting period are not established by these provisions.
  • https://www.gov.za/sites/default/files/gcis_document/201409/37679rg10199gon413.pdf
    I understand that I must report to a designated Refugee Reception Office within 5 working days to submit my application for asylum, that my visa to report to a Refugee Reception Office may not be renewed and that upon expiry thereof, I shall become an illegal foreigner.
  • https://www.gov.za/sites/default/files/gcis_document/201409/37679rg10199gon413.pdf
    Note: If the asylum seeker is accompanied by dependents, their names, surnames, gender and dates of birth must be indicated on this Form as well as the left thumb print and photograph of each person accompanying that asylum seeker.
  • https://www.dha.gov.za/images/PDFs/IMMIGRATION-ACT-2002---UPDATED-2015.pdf
    23. Asylum transit visa (1) The Director-General may, subject to the prescribed procedure under which an asylum transit visa may be granted, issue an asylum transit visa to a person who at a port of entry claims to be an asylum seeker, valid for a period of five days only, to travel to the nearest Refugee Reception Office in order to apply for asylum. (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. (Section 23 substituted by section 24 of Act 19 of 2004) (Section 23 substituted by section 15 of Act 13 of 2011)

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

The competent authority is the Department of Home Affairs: its Form 17 (Asylum Transit Visa) is completed at a port of entry or any other place designated by the Director-General by a person who declares an intention to apply for asylum under the Refugees Act, 1998.

See recorded sources
Limits of the record
  • No UN body (such as UNHCR), legal-aid channel or fraud/scam warning is named in the captured sources for this visa.

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

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