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Caring, compassionate and responsive

REFUGEE AFFAIRS. Caring, compassionate and responsive. LEGAL FRAMEWORK. South Africa is a signatory to the following conventions: – 1951 UN Convention relating to the status of Refugees; 1967 Protocol relating to status of refugees; and the

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Caring, compassionate and responsive

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  1. REFUGEE AFFAIRS Caring, compassionate and responsive

  2. LEGAL FRAMEWORK • South Africa is a signatory to the following conventions: – • 1951 UN Convention relating to the status of Refugees; • 1967 Protocol relating to status of refugees; and the • 1969 OAU Convention governing the specific aspects of refugee problems in Africa. • Refugee Act, 130 of 1998; • the 1996 South African constitution guarantees fundamental rights to all individuals, including refugees and asylum seekers. Caring, compassionate and responsive

  3. REFUGEE AFFAIRS HEADQUARTERS • The Directorate of Refugee Affairs consists of two sub directorates which • are: • Sub-Directorate: Asylum Seekers & Refugees • Sub-Directorate: Country Information Research Unit • The Directorate’s core purpose is to: • Provide support services to Refugee Appeal Board and Standing Committee for Refugee Affairs • Efficiently and effectively manage refugee services • Advise on policy related matters • Process refugee enabling documents such as ID and UNCTD • Monitor the functioning of Refugee Reception Offices • Ensure successful integration of refugees into society • Coordinate country information research and refugee services • Respond to ministerial, parliamentary, media and general enquiries • Liaise with stakeholders such as UNHCR, NGOs and Government Departments • Serve on Tripartite Commission on the Repatriation of Refugees. Caring, compassionate and responsive

  4. REFUGEE AFFAIRS HEADQUARTERSManagement team has been established to ensure a professional management of refugee services Caring, compassionate and responsive

  5. REFUGEE RECEPTION OFFICES • Section 8 of the Refugee Act, provides that the Director General may establish Refugee Reception Offices. Currently there are five Refugee Reception Offices i.e. • Cape Town, • Durban, • Johannesburg, • Pretoria, • Port Elizabeth. • These offices are headed by Junior Managers (Assistant Directors). • As stipulated in the 1998 Refugee Act, Refugee Reception Offices' core purpose is to: • Receive asylum seekers and conduct eligibility interviews • Execute adjudications processes and determine status of asylum seekers • Assist recognized refugees to apply for refugee ID and Travel documents. Caring, compassionate and responsive

  6. REFUGEE APPEAL BOARD (RAB) & STANDING COMMITTEE FOR REFUGEE AFFAIRS (SCRA) • Appeal process: It is important to note that during appeal hearings, appellants are entitled to a fair hearing to present their cases fully. The Appeal Board may after hearing an appeal confirm or set aside or even substitute the Refugee Status Determination Officers (RSDO). • Review process: In respect of manifestly unfounded applications, the Standing Committee for Refugee Affairs (SCRA) reviews or confirms or sets aside decisions taken by the RSDO and refer cases back to RSDO for determination within 14 days the decisions of the RSDO. Caring, compassionate and responsive

  7. REFUGEE SERVICES • Section 22 Permits: This permit which is initially valid for 30 days is issued to asylum seekers and legalize their stay in the Republic temporarily pending a final decision on their applications. • Section 24(3)(a) permit: When granted asylum, refugee are generally issued with section 24 permits which allows them to apply for a maroon ID which is valid for a period of 2 years in South Africa. The permit is renewable upon expiration of its validity. • Refugee ID: it is stipulated that refugees must apply for a Refugee Identity Document within fourteen (14) days after they have been issued with section 24(3)(a) permits at any Refugee Reception Office. Refugees cannot access services like opening a bank account, accessing social grants and health services without ID Documents and child certificates. • UNCTD: After being issued with an ID, a refugee can apply for a UNCTD (United Nations Convention Travel Document) at any Refugee Reception Office in the prescribed manner. Caring, compassionate and responsive

  8. REFUGEE SERVICES Integration into society: South Africa does not have refugee camps and asylum seekers are allowed to be part of the SA community. Holders of section 22 and 24 permits have the right to work and study in South Africa and are protected against deportation to their countries of origin. Asylum regime: The asylum regime in South Africa is an integrative system for the fact that most of asylum seekers and refugees have successfully integrated into society as they interact with citizens on a daily basis. Counter - xenophobia awareness campaigns are underway to alert citizens about refugees’ rights and obligations. Caring, compassionate and responsive

  9. CUMULATIVE ASYLUM STATISTICS • Since the inception of the asylum procedure during 1994, the department has received more than 200 000 applications for asylum. Currently we have granted refugee status to approximately 36 000 refugees. • Although there have been a significant improvement on compilation and analysis of asylum statistics since July 2005, there is still a lot to be done especially that Refugee Reception Offices are still struggling in the collection of quality data and reporting of statistical information in a very accurate, reliable and responsible ways. Caring, compassionate and responsive

  10. Caring, compassionate and responsive

  11. CHALLENGES • Sorting out cumulative statistics dated back from 1994 • Eradication of refugee backlog cases including cases dealt by RAB and SCRA • Public awareness campaigns on refugees rights and obligations. • Old Refugee System and lack of integrated Refugee Systems. • Amendment of the Refugees Act. • Lack of capacity at Refugee Offices in handling asylum applications and status determination. • Intergovernmental forum to integrate Refugees. • Feedback on cases handed over to Inspectorate. • Court challenges by various refugee NGO’S Caring, compassionate and responsive

  12. Long-term policy issues like amending the Refugees Act, 130 of 1998 and Regulations • Developing Standard Operating Procedures • Feasibility study on establishing the transit facility • Integration strategy to integrate refugees into society • Establishment of additional refugee reception offices • Participate in tripartite commissions for the repatriation of refugees • Issue identity documents and travel documents to refugees Caring, compassionate and responsive

  13. SPECIMEN DOCUMENTS Q&A Caring, compassionate and responsive

  14. Thank You Caring, compassionate and responsive

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