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Permanent Residence — recognised refugee (section 27(d))

South AfricaHumanitarian protection

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

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

It is not asylum itself: it is permanent residence for a person who is already a recognised refugee. Section 27(d) of the Immigration Act covers a refugee referred to in section 27(c) of the Refugees Act, 1998, and the Government states that a person can apply for a permanent residence permit after living in South Africa for more than five years on a refugee status permit.

See recorded sources

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

It covers a refugee who can show five years' continuous refugee status in the Republic and a certification from the Standing Committee for Refugee Affairs that he or she will remain a refugee indefinitely.

See recorded sources

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

It is a direct application on Form 18, submitted by the applicant in person. The prescribed requirements for section 27(d) are the certification contemplated in section 27(c) of the Refugees Act, affidavits on aliases used by the applicant and family members where applicable, and the documents in regulation 23(2)(b), (f), (g), (h) and (i), with a sworn affidavit where documents from the country the applicant fled are not available. DIRCO guidance states that such permanent residence applications may be submitted at any regional office of the Department of Home Affairs.

See recorded sources
Limits of the record
  • The regional-office statement comes from a DIRCO (Washington) consular guidance document, not from the Act or the Regulations.

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

DIRCO guidance states that where a refugee meets these requirements, his or her spouse and children under the age of 21 also qualify for permanent residence under section 27(g). The official sources do not state processing time, interim status or support while the application is pending.

See recorded sources
Limits of the record
  • The captured sources state no processing time, interim status or support while the permanent residence application is pending.
  • The family statement comes from a DIRCO consular guidance document, not from the Act or the Regulations.

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

The competent authority is the Director-General of the Department of Home Affairs, who may issue the permanent residence permit subject to any prescribed requirements.

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

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

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