Kaajal Ramjathan-KeoghLawyers for Human Rights

Tel 011 339 1960kaajal@lhr.org.za

Numbers of Asylum Seekers DBN                       27 000 PE                           23 000 CT                           42 000 JHB                         67 000 PTA                        66 000 MUSINA              33 000

UNHCR advises that SA received the highest number of new asylum seekers in the world in 2008 and 2007

The total number of asylum applications lodged up to 2008 is:  261 583

Backlog is standing at 140 000

Permit to be taken in person to any RRO on the day that it expires

RRO Crown Mines (Jhb) , Moore Road (Dbn), Marabastad (Pta), Port Elizabeth, Inyanga (CT) and Musina

Permitted to renew permits at any RRO- although there may be some exceptions

Asylum seeker permit- valid 1 – 6 months

Refugee permits- valid for max. 2 years

Backlog process has ended Old backlog offices are now being used at

primary sites for RROs. How to deal with old backlog cases-

request interviews, decisions

How to conduct an interview? Request File Contents, Power of Attorney

required Prep Heads of Argument Refugee Appeal Board Rules and

documents www.dha.gov.za Precedents

Why did you leave your country? Full details to be able to establish

whether the claim falls within the ambit of the Refugees Act

When, how did you travel, whether you have any travel docs, id docs etc.

Try to establish persecution

You may forward a submission for the Standing Committee for Refugee Affairs to consider

You may also ask for client to be able to have a oral hearing before SCRA

This needs to be done within 30 days/ or ask for condonation if out of time

With a permit Forward copy of permit to police station and

demand release If client is at Lindela, send correspondence

to Director of Refugee Affairs for release Without Permit If permit has been lost, get RRO to confirm

that client has lodged an application for asylum

If client has not applied for asylum they may do so while in detention, however the will be obliged to remain in detention pending the finalisation of the asylum claim.

Discretion to request security for repatriation

Mavericks Judgement

Liberian case and others where apply for asylum after arrest

Van Garderen v Refugee Appeal Board – children as a special category

If person has changed place of residence they can request file transfer to a different RRO

Request to be sent to RRO where the file is held cc to RRO that you wish file to be transferred to.

Holder of Section 22/24 may change status once they marry a SA citizen.

Need a passport Can apply at Home Affairs for accompany

spouse visa Need to be married 5 years before can

lodge application for PR unless married before 2004.

Circular from Dept health

South African Constitution Refugee Act of 1998 HIV Aids and STI Strategic Plan for SA National Dept of Health Memo February

2007 National Dept of Health Directive

September 2007