MIGRANTS GUIDE TO THE ASYLUM AND IMMIGRATION SYSTEMS

Transcription

1 MIGRANTS GUIDE TO THE ASYLUM AND IMMIGRATION SYSTEMS

2 INTRODUCTION This guide is intended for use directly by asylum seeking and migrant adults and young people, as well as for use as a tool to help adults and other interested parties explain to (unaccompanied) children some of the regulations and procedures which will affect them directly. It contains advice for people on issues related to their asylum claim and status as an asylum seeker or migrant in South Africa. The guides are for adults and children in general, but also give details specifically relevant to women and (unaccompanied) children. They respond to a number of questions that you might, as an asylum seeker or migrant, want answers to before or after your arrival in South Africa. The best way to use these guides is to look through the contents below for the section or question which best fits your query and then turn directly to those pages. The information given here should be used as a first reference when finding out about these processes. The organisations whose details are listed in the Key Contacts section at the back can be contacted for more detailed free advice. Section Who can apply for asylum and refugee status The criteria for harm and persecution Information on the types of visas available to migrants Section 2 What can you expect as an unaccompanied child (minor) upon arrival in South Africa What care are you entitled to under the child protection system Section 3 Information on your rights as an asylum seeker under the South Africa constitution Section 4 Advice for asylum seekers who experience arrest and/or detention. 2

3 SECTION : HOW TO APPLY FOR ASYLUM If you want to know whether you can apply for asylum, please turn to page... 5 What are the lawful reasons for claiming asylum? 5 Gender-based forms of persecution 6 Women who have experienced violence 7 What if circumstances change for you whilst in South Africa? 7 If you want to know how to apply for asylum, please turn to page 9 What happens when you arrive in South Africa? 9 Dependents 9 What happens at the Refugee Reception Office? 9 What is a Temporary Asylum (Section 22) Permit? 0 What is the purpose of the second Interview? 0 What will happen during the second interview? 0 Who can I bring to the interview? Can I request a female interviewing officer? What evidence can I/do I need to present of persecution to support my claim? If you want to know about the possible decisions that can be made about an asylum claim, please turn to page Recognised Refugee (Section 24 Permit) 3 Unfounded Claim and Appeal Process 3 Manifestly Unfounded Claim 3 What is the process of appeal? 4 Can I make a fresh claim with new evidence? 4 What are the credibility and other challenges for persons claiming asylum? 5 If you want to know what categories of visas there are, who qualifies for these and how you can apply for them, please turn to page.. 6 General Overview 6 How to apply for visas 6 Visitor s Permit 7 Work related visas 7 Education related visas 7 3

4 Other visas 7 Standard Documents 7 Specific Documents 8 Who can apply for permanent residence? 8 Good character requirement 9 SECTION 2 SPECIAL RULES FOR UNACCOMPANIED CHILDREN If you want to know about the grounds for persecution for children, please turn to page.20 Applying for asylum 20 Child protection 20 Getting Identity Documents 2 Family tracing and reunification 2 SECTION 3 - WHAT ARE YOUR RIGHTS AS AN ASYLUM SEEKER AND HOW CAN YOU CLAIM THESE RIGHTS? If you want to know about the rights you are entitled to under the Constitution, please turn to page.. 23 What are my general rights under the Constitution? 23 How do these rights affect me as an asylum seeker? 23 Which rights are not enjoyed by asylum seekers? 24 Where do I go if my rights are violated? 24 SECTION 4 - WHAT SHOULD YOU DO IF YOU ARE ARRESTED OR DETAINED? If you want to know what to do as an asylum seeker if you are arrested or detained, please turn to page..26 Arrest under the Criminal Procedure Act 25 Who is at risk of immigration arrest, detention and deportation? 25 What is the procedure for lawful immigration detention? 25 What are the rights of a person held in immigration detention? 26 Length of detention 27 Deportation 27 4

5 GUIDE HOW TO APPLY FOR ASYLUM AND OTHER VISAS Can you apply for asylum? Who can seek asylum and who qualifies as a refugee? An asylum-seeker is someone who has left their country in search of international protection. Any non-national can apply for asylum, but to be successful an asylum seeker has to show that there are reasonable grounds for believing that he or she may suffer serious harm if returned to the country of origin. Refugee status is not automatically granted because the asylum seeker says they are afraid of harm or serious threat of harm. To be successful, it must be shown that there is a real possibility that harm may occur to the asylum seeker. There is no requirement that the asylum seeker should have been harmed already - an asylum seeker can seek protection based solely on the fear of future harm. Fear of future harm must be present in any asylum claim whether the asylum seeker has been harmed previously or not. Not every asylum seeker is eventually recognised as a refugee. You only become a refugee if and when the South African government accepts that you cannot be returned to your country of origin because of your fear. While an asylum seeker can be sent back to his or her country of origin, a refugee cannot be sent back. What is meant by fear of harm? In order to be successful in an asylum claim and be recognised as a refugee, you have to show that you fear harm or threat of harm. Harm can take different forms e.g. harassment, arrest, detention, imprisonment, physical attacks, sexual violence, trafficking, beatings and ultimately death. Generally, serious violations of human rights amount to harm. Although harm or threat of harm is generally associated with the government in the country of origin, harm can also come from individuals or certain groups within a country. If harm comes from individuals or a group within a country, you have to show that the government/ state agents in the country of origin would be unwilling or unable to protect you. State agents include (but are not limited to) the army and the police. An example of a government s unwillingness to protect victims could be police working directly with perpetrators or being unwilling to investigate the harm or threat of harm to victims. What are the lawful reasons for claiming asylum? In order to be successful, you have to show that harm or threat of harm has arisen due to your: Race Some people are harmed or threatened with harm in their country of origin due to their race and/or ethnicity, i.e. on the basis of their physical appearance, their language, their culture, their ancestry and their beliefs etc. 5

6 Religion Religion can also mean freedom of thought, conscience and freedom to practice religion (e.g. attend religious services, wear religious dress etc.). Religious persecution may come from groups belonging to different religions and/or it may also come from the government, which may ban members of certain religions from worshiping freely. Membership of a particular social group A particular social group is a category of persons who have in common a characteristic that is either beyond their power to change, or is so fundamental to their identity or conscience that they cannot be required to change it. The social group must exist independently of, and not be defined by the persecution. E.g. Women may find themselves being persecuted simply because they are women and homosexuals may find themselves persecuted due to their sexual orientation. Political opinion Some people face persecution because they belong to certain political parties. It is important to differentiate between a party member and a supporter. A member carries a party card and is generally more active. A supporter s activities are generally restricted to voting. Persecution can also include helping members of a Political Party (e.g. hiding them, passing messages etc.) and can include persecution because you are associated with someone in a political group (e.g. wife, mother, father etc.) You may face persecution even though you may not belong to any political party. This may be due to the fact that you have different views to the government. Nationality Although this is closely linked to the category of race and ethnicity already described, the law identifies nationality as a separate ground for applying for asylum. This category covers people who may be harmed e.g. because they are foreigners or have less rights than citizens. Conflict If you are fleeing external aggression, occupation, foreign domination, or events seriously disturbing public order in either part or the whole country, you may qualify to be a refugee. You don t need to show that you personally fear harm as an individual to quali fy for this type of recognition. Gender-based forms of persecution There are forms of harm that are specific to or more commonly experienced by women, e.g. sexual violence, rape, sexual exploitation, forms of marriage related harm and violence (forced and early marriage, marital rape, sexual violence and domestic abuse for example), domestic slavery, female genital mutilation and honour-based violence. Other forms of persecution may include restrictions and laws around dress codes, employment, education or restriction on freedom of movement. Such inhibitions combined with general oppression may amount to persecution. Some male dominated societies may persecute women who hold different beliefs. In these societies, non-conformist behaviour on the part of the woman is a ground for persecution. Such conduct can take the form of e.g. refusing to wear a veil, pursuing an education or choosing a partner. If a woman fears persecution because she opposes these controls the legal grounds may be political persecution. 6

7 It is also important to remember that women can face persecution on other grounds, like race, religion, political opinions etc. and that their gender may heighten or make the type of persecution on these grounds different. For example, a woman may be targeted for persecution because of her political activities (including support activities, like hiding people, taking care of the sick or wounded and delivering messages); or because of her association (e.g. where she is persecuted because her husband is involved in political activities). Women may also have an asylum claim based on imputed opinion. Imputed opinion happens in situations where the woman may not actually share a particular opinion but is perceived to share that opinion. Women may be persecuted on the ground that they are perceived as sharing the religious or political opinions of their husbands, for example. Under refugee law, imputed opinion is as equally valid as a reason for persecution as actual opinion. Women who have experienced violence Once an asylum seeker has applied for asylum, they are allowed to get free medical advice. If you have been raped or tortured, it is very important to immediately go to hospital and explain what happened to you, as medical evidence can be very important. Medical records can show the impact of trauma on the asylum applicant. A psychiatric assessment can also be important. If you are not represented by a legal advisor, please ask for copies of medical cards so that you take them to the asylum interview. As an asylum seeker, it is very important to be aware of the fact that you have protection against domestic violence in South Africa. Under the law, domestic violence includes physical abuse, economic deprivation, intimidation, harassment, stalking, and any other controlling or abusive behaviour. You can report such behaviour to the nearest police station. You can also go to the nearest magistrate Court and they will be able to protect you. Some asylum seekers are afraid to report abusive husbands. This may be because they are financially dependent on their husband. Remember that you do not pay for the help that you get at Court and if you are financially dependent on your husband, courts can order him to continue supplying financial support to you. What if circumstances change for you whilst in South Africa? It may happen that you left your country of origin to come to South Africa for whatever reason e.g. to visit friends or to study. Evidently, your departure from your country would not have been caused by any fear of harm at all. While you are in South Africa, you then develop a fear which arises due to certain events which occur in your country of origin. When this happens, you can apply for protection (asylum) from the government. The government can recognise you as a person in need of protection if they believe that you will be at risk of harm should you return to your country of origin. There are certain instances where your fear is not linked to a change of conditions in your country of origin. You may have taken part in some demonstrations against the government of your country whilst you are in South Africa. You may have written public material which is critical to the government of your country while in South Africa. In such cases, you can apply for asylum because your activities in South Africa would have caused you to fear harm on return to your country of origin. In such situations, the decision to grant you refugee status depends on a number of factors including whether the South African government believes that your actions are genuine or not. 7

8 Therefore you should always remember that an asylum seeker does not necessarily have to be someone who fled or left their country because of certain events. An asylum seeker includes someone whose fear may develop at a later stage whilst in South Africa. When do you cease to be a refugee? The circumstances under which you may cease to be a refugee are described in the Refugee Act. Generally you may cease to be a refugee if there has been a change of circumstances relating to your fear, if you have visited your country of origin or if you have re-established yourself in your country of origin. 8

9 2 How to apply for asylum What happens when you arrive in South Africa? You can declare your intention to apply for asylum to the immigration officer at the border post immediately upon arrival in South Africa. You will be given a transit permit and will have to present yourself at a Refugee Reception Office within 5 days. Entering South Africa at any other place than an official border post is defined as an offence under the Immigration Act. However, entering illegally does not stop you from claiming asylum and a person who intends to claim asylum in South Africa may not be prosecuted or detained for illegal entry. Asylum seekers who tell government officers on arrival that they are seeking asylum are given permission to enter South Africa and proceed to apply for asylum within a given time period. It is very important to apply for asylum within the given time. The government has set aside few places where you can proceed to apply for asylum. The place you go to apply for asylum is called a Refugee Reception Office. These offices are in Durban, Pretoria and the border town of Musina. These places also cater for asylum seekers who may not have declared their intention to seek asylum on arrival as well as those who may have entered illegally. Dependents It is important to take your dependents with you to the Refugee Reception Office. Dependants can be children under the age of eighteen, infirm or elderly members of the family. It is important to go with dependants to the Refugee Reception Office because they will need to have their photographs taken. It will not be necessary however to go with dependants on subsequent visits to renew or extend your asylum seeker permit. It is also important to mention the names of family members remaining in your country of origin. They will be in a position to be protected by the South African Government in the event that protection is granted to you. Children w ill also be able to attend school once you have applied for asylum and you will be allowed to work. What happens at the Refugee Reception Office? When you present yourself at the office to apply for asylum, you should not be arrested for having unlawfully entered South Africa or for overstaying. Your country of origin will not be told what you write down or say at the centre and the government of South Africa should not charge you money for your asylum application. You will have your first interview at the Reception Office. This is a short interview. You will also complete a form which records your personal, travel, family and educational details. You may ask a friend to accompany you and assist. Although the law says that government officers there should assist you with the process, they are sometimes unable to assist everyone due to the high numbers of people there. You are expected to give brief reasons as to why you are in need of protection from the South African government. Although this interview is short, it is important. It gives you the opportunity to summarise what you will eventually tell the South African government at your second interview i.e. the asylum interview. Everything will be put in a file for future reference. 9

10 What is a Temporary Asylum (Section 22) Permit? Once your application is made, you will be issued with a documen t called the Asylum Seeker Temporary Permit, also known as a Section 22-permit. Your fingerprints and photo will be taken. You will be given a document with your photo on it, usually on the same day or you may be asked to come back in future to collect it. This document is very important. It is your new identity document. If you were in South Africa on the basis of any other documents, they cease to apply. Your new identity is that of an asylum seeker. The document allows you to work, study and get free medical treatment. This document does not mean that you have been recognised as a refugee. It is proof that you have applied for asylum and that you are lawfully in the country. You are advised to make a copy or copies of this document in case you lose the original. You can also have the copies certified by a lawyer if the Police Service in your area will not certify Section 22 Permits. You can visit the nearest lawyers to you who can certify section 22 permits without charging anything. Section 22 Permits are valid for certain periods and can be extended an indefinite number of times. It is very important to abide by the timelines for extending the Permit in order to avoid trouble with the government. The Section 22 permit is generally valid for a maximum of 6 months. In the event that you fail to extend your permit, please notify the government immediately and rectify the position. What is the purpose of the second Interview? You will eventually have your second interview. The interviewing officer will tell you when and where to go to collect your decision. The second interview is very important. What you say at this interview will eventually be used to decide whether you will be recognised as a refugee. The second asylum interview is your platform to convince the South African government that they have to protect you. What will happen during the second interview? The person who will interview you is called the Refugee Status Determination Officer. We will refer to that person as the interviewing officer. The interviewing officer will ask you questions about what happened to you. The United Nations has laid out guidelines to be followed in asylum interviews. For example, the United Nations has stated that the asylum interview should be conducted by a trained person who is not biased and who is aware of your difficulties and needs. Always remember that you should convince the government of South Africa not to return you to your country of origin. The interviewing officer is not on your side. The interviewing officer is not against you. The interviewing officer is simply doing his or her job of conducting an enquiry in order to arrive at what the government considers to be the truth. The government in your country of origin will not be told of what you said during the interview. Your persecutors back home will not be told by the South African government what you said about them. Some people are nervous about being asked questions - try to be calm. Some people breakdown and become emotional during the interview. Although this is understandable if you are discussing traumatic experiences, it may distract you from focusing on the interview. Refugee status is not granted because of the amount of emotion that you show during the interview. Should you lose your composure, you can ask for a short break so that you can come back thinking more clearly about what you want to say. 0

11 Who can I bring to the interview? You are allowed to bring an interpreter to the interview. You are also allowed to bring a legal representative to the interview. The legal representative will be silent during most of the interview. This is because this is your interview and not that of the legal representative. Your legal representative s role is to observe that the interview is being conducted fairly. The legal representative may however make comments at the conclusion of the interview. Can I request a female interviewing officer? If you are a woman and feel uncomfortable about giving details of your experiences to a man (perhaps because you have experienced persecution on the basis of your gender and/or have been victim to rape or other forms of sexual violence), you may ask for a female interviewing officer. It is advisable however to make the request for a female interviewing officer well before the date of hearing. What evidence can I/do I need to present of persecut ion to support my claim? Many asylum seekers will not have had time when leaving their country of origin to collect together items/documents to support their application for refugee status. However, if you do have things in your possession which will support your claim, it is very helpful to bring these things to the asylum interview. If you have a legal representative, it would be important to discuss with them what would be helpful to show the interviewing officer. The most important thing to remember is that it is your duty to show evidence of harm rather than to be prompted to show evidence of harm. In future, you will not be easily believed if you say that you did not produce evidence because you were never asked to do so. The law that governs refugees does not state that asylum seekers can only be given protection if they can show proof of persecution. Yet, more often than not, asylum seekers are refused asylum on the ground that they did not provide proof of harm e.g. arrest warrants, medical records, newspaper cuttings. The interviewing officer will ask you many things during your interview and will be interested in hearing detailed information. In the event that you are not able to provide them with certain answers, they may make the inference that you are exaggerating your claim for protection by South African authorities. Describe events clearly and in chronological order (if possible) The interviewing officer may begin by asking you a general question relating to why you left your country. This is your opportunity to volunteer as much information as possible. It is advisable to narrate your account of events in a chronological manner. Everything that you say will be written down. Speak in short clear sentences. It is helpful to prepare beforehand and decide how you are going to tell your story. It may even be helpful to write down some key points to help you remember what to say.

12 Proof of political party membership and activity Some asylum seekers have attended asylum interviews while wearing political party uniforms e.g. shirts or T-shirts. If you are wearing a party shirt, please tell the interviewing officer that you are wearing party uniform so that the interviewing office r writes it down on the record. Do not expect the interviewing officer to guess that you are wearing party uniform. If you have a party card, tell the interviewing officer and give the party card to the interviewing officer who will include it in the interviewing record. If your activities have been reported in a newspaper, please produce the newspaper and give it to the interviewing officer. Proof of arrest warrants and medical visits If you have been arrested in your country and fled with a pending court case, it is wise to produce an arrest warrant if you have it. If you have been treated by a medical doctor in your country of origin, please produce the medical card if you have it. Explain the meaning of everything that you show to the interviewing officer. Health issues Some asylum seekers may have physical scars due to the persecution they have suffered. It is your duty to show these scars to the interviewing officer. Explain how you got each scar. This explains why it is necessary for women asylum seekers to request a female interviewing officer because they may not feel comfortable to show some scars to a male interviewing officer. Some asylum seekers seek medical treatment whilst they are in South Africa. This treatment may be due to the physical and psychological harm that they would have suffered in the country of origin. Please carry the medical cards to the asylum interview and show them to the interviewing officer. If you have been treated by a psychiatrist, it may be beneficial to your case to ask the psychiatrist to write a supporting letter to explain the effect on your well-being if you are returned to your country of origin. You will need to carry it to the interview. Support from other asylum seekers Some asylum seekers ask other asylum seekers in South Africa to support their asylum account. Always remember that although this may seem helpful, it may work against you if there are differences between what you say and what these people say. Support from existing research and reports by human rights organisations There are organisations in the world that comment on the harm that people suffer in their countries of origin. They include the United Nations, Human Rights Watch, and Amnesty International. If you come across a report that supports your claim, it would be advisable to bring this to the interview and give it to the interviewing officer. You could search for these reports online before your interview. At the end of the interview, the interviewing officer will usually ask you if there is anything that you want to add. Think carefully before you say no, as it will be harder to add to your statement at a later stage. Additionally, if you are not happy with the way you answered an earlier question, please say so and provide a clearer answer. You will not be given an asylum decision on the day of the interview. You will be notified of your answer in due course. It is important during this period to continue abiding by the terms of your temporary asylum (section 22) permit. 2

13 3 What are the possible decisions that can be made regarding an asylum claim? There are three possible decisions that can be made regarding your asylum claim. They are described here: Recognised Refugee (Section 24 Permit) This means that the South African government has awarded you refugee status. The government will issue you with an identity card which shows that you are a refugee. You will be issued with a renewable Refugee Permit which is referred to as a Section 24 Permit. You will be entitled to apply for a United Nations Travel Document that allows you to travel to any country except your country of origin. Should you travel to your country of origin for any reason, the South African government will stop recognising you as a person in need of protection. You will therefore cease to be a refugee. By voluntarily going back to your country of origin, you will be indirectly saying that you are safe there, hence you will no longer deserve protection or refugee status. Refugees have the right to work and enjoy most of the rights in the South African Constitution except the right to vote. It is possible for refugees to eventually get a South African passport after a long period of time, which will entitle you to travel anywh ere in the world including your country of origin should your fear of harm disappear. This will also entitle you to have a South African identity card and to be able to vote. However this is a very long process. Unfounded Claim and Appeal Process If the government does not believe that there is a reasonable degree of likelihood that you will be harmed, they will refuse your claim as unfounded. However you have the right to appeal. You can notify the authorities of your intention to appeal on a number of gro unds. These include, for example, that the correct interviewing procedure was not followed, that the interviewing officer was biased against you or that that the decision of the interviewing officer was not supported by facts. Appeals are made in writing. Please note that you have to appeal within 30 days of receiving the decision. This deadline may change in future so it is important to immediately find out when the appeal deadline is. Should you fail to appeal within time, you will be expected to write to the Appeal Board explaining why you failed to appeal within time. Most such requests are granted but it is advisable to stick to deadlines in order to avoid complications as there is always a possibility that your request may be refused. Your appeal is decided by the Refugee Appeal Board. You can be represented by a legal representative of your choice or by a colleague as long as he or she is given the right to do so by the Appeal Board. You will be asked questions regarding your fear of harm and why you think that the interviewing officer made a wrong decision. The Refugee Appeal Board should give you a decision in less than three months, although this is not guaranteed. Manifestly Unfounded Claim Your decision can be refused as manifestly unfounded, abusive or fraudulent. This means the government does not believe that you have a genuine fear of harm at all. If the government believes that your case is clearly without merit, your case is referred to the Refugee Standing Committee. This is a group or Committee of trained persons who will reconsider your case. 3

14 Examples of cases which the government finds manifestly unfounded may be where an asylum seeker has stated that he/she left the country of or igin because there are no jobs or because he/she went through a divorce and decided to come to South Africa to start a new life. The law does not allow you to contact the Refugee Standing Committee except in writing, well before they consider your case. You can only write to them in order to tell them things which you think are favourable to your case. Generally, an asylum seeker does not physically appear before this Committee. What is the process of appeal? Please remember that as long as you have a pending appeal, you are in South Africa lawfully. It does not matter whether your case is waiting to be decided by the Board or Committee. You can continue to work and enjoy the rights that the law gives you. Some asylum seekers proceed to win their cases before the Refugee Appeal Board. Sometimes the Committee for Refugee Affairs decides in favour of the asylum seeker. Obviously these asylum seekers proceed to be refugees and are protected by the South African government. However if the Refugee Board and Refugee Committee disbelieve an asylum claim, the government will proceed to write to the asylum seeker informing him or her to leave South Africa. In such situations, a failed asylum seeker may need to approach legal expe rts for assistance. Some of these experts give free legal advice (see p. 28 for a list of providers). The decision to remove a failed asylum seeker may be stopped by an order of a C ourt of law if certain arguments are successfully made. It may also be stopped by a change in government policy regarding asylum seekers from certain stipulated countries. It may be stopped by what is known as switching. This occurs when a failed asylum se eker moves away from the asylum route and is seeking continued stay in South Africa under the Immigration Act and not as a refugee. Each case depends on its own circumstances. Can I make a fresh claim with new evidence? If your claim has been rejected after going through the asylum process, it is always possible to point out new things (evidence) in an attempt to reverse the decision. The new evidence must not have been available before. In many cases, people try to use evidence which should or could have been put forward during the original asylum process, e.g. putting something forward which you forgot to say during the asylum interview. This is not accepted as new evidence. Some governments in the world accept that new circumstances can generate differ ent evidence from what you produced before, giving rise to what is known as a fresh claim. For example, fresh violence erupts in your country and close members of your family are threatened because of their association with you. Unlike these governments, t he South African government does not have a procedure to be followed in such an event. However, South African law is developed to the extent that such events can be seriously considered by the Courts of Law who may block the decision to return you to your country of origin. If you find yourself in such a situation, it would be helpful to seek the assistance of lawyers who are experienced and knowledgeable in refugee matters (see p. 28 for a list). 4

15 What are the credibility and other challenges for persons claiming asylum? As an asylum seeker, your aim is to be recognised as a refugee by the South African government. This will only be done if the government believes that you are at risk of harm in your country of origin. Not all asylum seekers are believed by the government of South Africa due to a number of reasons. Internal Relocation As an asylum seeker, you may have experienced harm in a particular part of your country of origin. This may be the area or region where you live or work or conduct business. You may decide to flee from your country to come to South Africa to seek protection. During your asylum interview, the interviewing officer may most likely ask you why you did not consider moving from that particular area to a different area within the same country. This is what is known as internal relocation. The interviewing officer may imply that you could have been safe in a different part of your country and that it was not necessary for you to come to South Africa. However, some asylum seekers find it hard to relocate within their country for a number of reasons, e.g. if they are being harmed by the police, who may be able to reach someone anywhere in their country of origin because they are part of the government. Failure to claim asylum in first safe country Not all asylum seekers fly to South Africa. Some travel by road and pass through various countries. The first country that you reach which is not linked to the persons or situation that you fled from is called the first safe county. The interviewing officer may want to know why you did not claim asylum in the first safe country. There are reasons why asylum seekers may not claim asylum in the first safe country they travel through. It may be that the asylum seeker has family in South Africa. It may be that there is a language difference between the first safe country and the country of origin. It may be that the asylum seeker has no confidence in the government of that country. Failure to apply for asylum at the port of entry South Africa, like all countries, has borders and airports. These are controlled by government officials. Such places are also called ports of entry. Upon arrival, every foreigner who comes into South Africa comes into contact with the government officials. Some asylum seekers immediately tell government officials that they have fled from their country and are seeking protection. These applicants are called port applicants. They are then told the procedure to follow. Some do not tell the government officials that they are seeking asylum. They may for example tell them that they are visiting friends or relatives. After reuniting with friends and family, they may apply for asylum after a few days or few weeks. The interviewing officer may want to know why you failed to apply for asylum at the port of entry. There are reasons why some asylum seekers may not apply for asylum at the port of entry. It may be that they do not trust the authorities and/or they may fear being immediately returned to their country of origin. In such situations, they may have wanted the reassurance of friends and family. It is important to explain this during your interviews. Delay in claiming asylum Some asylum seekers delay in applying for asylum for much longer periods. These periods could be as long as months or even a year. In such situations, the interviewing officer may indicate to the asylum seeker that his or her behaviour is not that of someone who is genuinely in need for protection. 5

16 Some asylum seekers may delay because they are unwell. They could be suffering from trauma arising out of the harm or threat of harm that they faced. It should be re membered that the World Health Organization considers depression to be a form of illness. If an asylum seeker has received or is receiving medical treatment, it would be helpful to show such proof to the authorities. Some asylum seekers may hesitate to apply for asylum because they may have been given wrong advice from the community e.g. being told that if they sought asylum, they would end up being detained and deported. Again, it is important to explain these reasons in your interviews. Claiming asylum after having been arrested Some asylum seekers claim asylum after having been arrested e.g. for traffic offences. Upon being arrested, the police may realize that the asylum seeker has overstayed. In such situations, immigration authorities are then contacted. They may begin the process of removing the asylum seeker from this country. In such a situation, the government may easily conclude that the asylum claim is a way of avoiding deportation. 4 Immigration: What are the categories of visas, who qualifies for these and how you can apply for them? General Overview In order for a foreigner to be lawfully in South Africa, he or she needs a visa and it may be the case that you qualify for a visa category that is different to an asylum seeker visa. Some visas can be applied for while you are in your country of origin or ordinary residence, and some you can apply for when you are in South Africa. Some visas can also be given at the port of entry depending on the agreements between your country and the government of South Africa. These are generally referred to as in country visas. Visas can also be distinguished between temporary and permanent. Temporary visas are given for a limited duration of time. Permanent visas are for an indefinite period of time. The words permit and visa are used to mean the same thing. How to apply for visas Currently, you can only for visas online by completing a form which you obtain from the VFS Website on VFS stands for Visa Facilitation Services. VFS is an organization that receives your application for onward transmission to the Department of Home Affairs Headquarters in Pretoria. VFS does not decide on whether you should be granted a visa or not. VFS simply receives applications on behalf of the government. The first and most important thing is for you to know is the type of visa that you need to apply for. Once you have identified the visa that you are eligible for, you can then follow the instructions on the VFS website to apply. All visa applications require a fee of R350. This is money payable to VFS. There may also be an additional fee payable to the government. The various applicable fees are shown on the VFS website. VFS Offices are located all over South Africa and the various addresses are listed on the website. 6

17 Visitor s Permit A visitor s permit is for tourism or visiting South Africa for non -work or study related purposes. It is normally valid for a three month period, and can be extended. This visa does not give you the right to work in South Africa, Work related visas A general work permit gives you the right to work and is normally granted for a period of five years and can be renewed. This visa can potentially be granted to any worker as long as he or she satisfies other requirements. It differs from critical skills permits which are granted to a worker whose skills are scarce and are in great demand in South Africa. If you think you qualify for a work visa, you could discuss this with your employer or seek legal advice. If you want to set up or invest in a business, you are advised to apply for a business visa. If you are being transferred from a sister company to come and live and work in South Africa, you will need an intra-company visa. An employer who intends to employ foreigners only for a limited period will be eligible to apply for a corporate permit. This is different from a general work permit because in the case of a corporate Permit, it is the employer rather than the employee who applies for a permit. Education related visas If you intend to study full time at the primary, secondary or tertiary level, you will need to apply for a study visa. The educational institution must be must be accredited under the Immigration Act and if you are under 8, you must have written consent from your parent/s or caregiver/s. Alternatively, you can apply for an exchange visa if there is an educational exchange program between the institution that you are enrolled in abroad and an institut ion in South Africa. Exchange visas can also be available in other spheres e.g. work. Other visas Someone coming to South Africa for the purpose of medical treatment can apply for a medical permit. A retiree will be eligible to apply for a retired person s visa. A relative visa is issued to the relative or spouse of a South African resident or citizen who eventually intends to settle in the country. A treaty permit is granted to persons whose countries of origin have entered into certain agreements with the South African government and will be seeking temporary residence on the basis of South Africa s treaty obligations. There are on e off visas which can be granted by the government to foreigners e.g. the Zimbabwe dispensation permits. These have special conditions and not every Zimbabwean is eligible to apply for them. Standard Documents Generally the following documents are required in respect of temporary and permanent visas except for medical visas. Your passport must be valid. The permit in your passport should be valid as well. The passport must contain at least a page or space where the visa can be affixed. You can check with VFS regarding the period that the passport has to be valid for because VFS information is subject to change. You can do this by visiting the nearest VFS office to you. Complete the application form online. You may ask someone to assist you but the process is not very difficult if you can understand English. After that, proceed to schedule an appointment online by following the directions given by VFS webpage. Finally, submit the 7

18 application online and print a copy of the application form. Proceed to sign it. Kindly note that any reference to copies, means certified copies by a lawyer or the police. Only original documents or certified documents are acceptable. You are also advised to make copies of the passport pages containing any visas or immigration stamps together with the page where your face appears. This page is ordinarily referred to as the bio data page. A full-face passport photograph with your name written at the back is also required. Please note the list of documents required for each application is available on the VFS website. Every effort should be made to satisfy the list of documents required. However, you can state the reason in writing why you cannot provide particular documents. Your birth certificate may be required. The South African government needs a police clearance from your country of origin (this includes all the countries that you have lived for more than a year). You do not necessarily have to go back to your country in order to get a police clearance. Check with the consulate of your country of origin first. They may be able to assist you with obtaining a police clearance whilst you are in South Africa. You will also need a South African Police Clearance. You can get this by visiting your nearest police station with an amount of R59 and they will be able to assist you. The amount however, is subject to change. Certificates may not be older than six months at the time of submission of the application. You will also need a medical and radiological report. These are available from a clinic or doctor. A radiological report is not required for pregnant women and children under the age of twelve. Once you submit the documents at the VFS office, you will be given a number which you can use to track the progress of your application. You are also allowed to attend with one person only who can assist you inside the VFS office. Normally you will be able to get your answer within 3 months. However, this time period is subject to change. Specific Documents Specific documents may also be required for particular visas, e.g. work permit applicants will require a certificate by the Department of Labour confirming that the employer has been unable to find a suitable candidate with qualifications or skills and experience equivalent to the ones you hold. Information on specific documents can be obtained from the VFS website. Who can apply for permanent residence? There are a number of grounds upon which you can qualify for permanent residence in South Africa. You are eligible to apply for permanent residence if you can show that you have validly held a work permit for five years and you have been offered permanent employment. Reference to work permits includes critical work permits, and corporate permits. You m ay also apply for permanent residence if you are the spouse of a South African citizen or resident and your marriage has lasted for a period of at least two years. The term spouse also includes those in same sex relationships and customary law unions. If you are the child of a South African citizen or resident and are under the age of twenty one, you can apply for permanent residence. Children will require letters of consent from the parents or guardians. Refugees can apply for permanent residence after having been in South Africa for more than five years as a refugee. A refugee would need to get a certificate from the Standing Committee showing that nothing in his or her country has changed and that they are 8

19 therefore likely to be a refugee for an indefinite period. Once the certificate is granted, an application for permanent residence can be made. Business permit holders, retirees, large investors and persons of extraordinary work and academic skills who have been offered permanent contracts can also apply for permanent residence. Applications for permanent residence will need to be done online. The compulsory VFS fee will need to be paid together with the DHA fee. Standard documents together with documents specific to each application will have to be lodged. The decision period for permanent residence applications is longer than that for temporary residence applications. Good character requirement The government of South Africa may refuse your application for p ermanent residence on the ground that you are not a person of good character. This is a common ground for refusal. Applicants convicted of minor traffic violations and minor criminal offences (even those cautioned and discharged for offences like common as sault) have been refused in the past. You are, however, allowed to appeal. 9

20 SECTION 2 SPECIAL RULES FOR UNACCOMPANIED CHILDREN 5 Grounds for persecution for children Children (those under 8), by virtue of their age, may not have formulated strong opinions that make them stand out for persecution. However, children may be per secuted because of imputed political opinion. They may be at risk of harm because of the opinions of their family members or opinions attributed to people of a particular region. Further, there are persecution grounds which are more specific to children, e.g. forced conscription into irregular armies and trafficking for purposes related to sexual exploitation and domestic servitude. Applying for asylum The sections of this guide relating to asylum, refugee status and other visas apply to children. However, there are specific laws which will only apply to children who are foreigners. These provisions are in the Children s Act 2005 and set out a child s rights and the procedure the authorities must follow if they come to South Africa on their own. The Children s Act authorises the Court to make various orders. These include an order for the child in question to remain in the country for a particular period. Child protection A foreign child who is in South Africa on their own has special rights and there are particular procedures that professionals must follow. The law says that every action and decision concerning a child should take into consideration the child s best interests. Identification and intervention by a social worker An unaccompanied or separated foreign child should be taken to the nearest police station or directly to a child-welfare office of Department of Social Development (DSD). Any person or representative of an organization may take the child to DSD. It happens that immigration officers come across unaccompanied or separated children at the border posts. In that case, the police or immigration officer should report the case to DSD so that the child s situation is assessed by a social worker. Children should not be detained for having breached immigration laws and as a general rule, may only be detained as a measure of last resort. Access to Child Protection System Usually, unaccompanied and separated children are either found by themselves in public spaces, or they are with a person other than a parent, such as a sister, aunt, grandparent, family friend or neighbour. If a child is found to be in need of care and protection, the y fall under the remit of the child protection system and must be brought before the Children s Court so that the court may determine the course of action that would be in the best interest of the child. Unaccompanied foreign children are assumed to be in need of care and protection. Whilst the investigation is proceeding, an unaccompanied minor may be placed in a temporary safe environment into safe care. Safe care means care in a safe place. It 20

21 does not mean a police cell or a prison. It includes approved child and youth care Centres, shelters, private homes or any other place where you can be safely accommodated. It is important to remember that the court can make various orders pertaining to your safety and care. The court may order that you receive counselling and may even make orders regarding your education and other needs. In the situation where the child is being cared for by an adult who is not their parent, the social worker may find that the living conditions are suitable and that the child is not in need of care and protection, and therefore not in need of intervention by the Court. In cases where the child is not found to be in need of care and protection, the social worker must still take measures to assist the child in appropriate ways and depending on the needs of the child provide assistance with family reunification and rehabilitation. Getting Identity Documents Identity documents are important because life in South Africa revolves around legal documentation. In order to enter into simple transactions such as renting accommodation, buying a cell phone, opening a bank account, taking out a book from the library, seeking employment and applying for a driver s license, identification documentation is required. The type of documentation available to a child depends on his or her particular situat ion, and the documentation status of the care-giver is highly relevant. Age assessment Foreign unaccompanied or separated children mostly arrive in South Africa without any form of documentation or identification. As part of the Children s Court Inquiry, a social worker may conduct an age assessment so as to ensure that the child is under 8 years of age and therefore, qualifies for protection under the Children s Act. This usually means a visit to a doctor where tests are done to estimate the age of the child. The age assessment is a form of identification for the child, but it does not legalize the foreign child s stay in South Africa for immigration purposes. Application for asylum If any child appears to have a refugee claim, the Court, as part of the Children s Court enquiry, may order that the child be assisted to apply for asylum. Derivative immigration status Usually, foreign children receive the documentation status of their parent(s). If the parent holds a permit issued in terms of the Refugees Act, the child may obtain the same documentation as a dependent of the asylum seeker or refugee. If the parent holds a temporary or permanent residence permit, the child may obtain a re lative s visa which is linked to the parent s immigration status. In order for the child to derive the immigration status of the care-giver who is not a parent, the care-relation must be formalized by a placement order issued by a Court. Adoption is another way of conferring immigration status and nationality. Family tracing and reunification At the same time as ensuring a child s protection, a social worker should endeavour to locate the child s family. The case should be referred to the provincial focal point of International Social Services (ISS), whose role it is to initiate contact with counter-part organizations or non-governmental organizations that assist to find the family and to reestablish contact between them. It is very important to note that family reunification and 2

22 repatriation should not be pursued if it appears that there is a risk of abuse, or if it is not in the best interest of the child. If family links have been successfully re-established, a decision might be made to help the child go back home. Placement in a care institution in the home country may also be explored as an option if this is appropriate and in the child s best interest. If family tracing- and/or reunification efforts have been exhausted without yielding positive results, the South African state has the responsibility to ensure that the child remains protected. Placement in foster care or in a Child and Youth Care Centre (shelter) may be done. 22

23 SECTION 3 - WHAT ARE YOUR RIGHTS AS AN ASYLUM SEEKER AND HOW CAN YOU CLAIM THESE RIGHTS? 6 Rights under the Constitution Chapter 2 of the South African constitution contains a list of important rights. This list is called the Bill of Rights. Most of the rights in the Bill a pply to everyone in South Africa and may not be denied to anyone. Such rights are therefore supposed to be enjoyed by asylum seekers as well as South African citizens. However, the South African constitution has reserved certain rights for its citizens only. This is not unusual as this happens in most countries. What are my general rights under the Constitution? The law states that everyone is equal and has the right to equal protection and benefit of the law. This is called a right to equality. As an asylum seeker you are therefore protected from being unfairly discriminated against e.g. on grounds of gender, sex, age, disability etc. You are also allowed to marry and have a family life. You also enjoy the right to human dignity. This means that you should not be subjected to treatment that humiliates, degrades, or debases your worth as a person. The law considers such treatment to be cruel, inhuman and degrading. You are also protected from punishment which the law considers to be inhuman. The right to freedom and security means that you are protected from being arrested and detained without a valid reason. In the event that there is a valid reason, you should be brought before a Court of law for eventual trial. The right to freedom against forced labour slavery and servitude protects you from being forced to work or to work without being paid. According to the right to privacy, your property cannot be searched or seized for no lawful reason. Further, your lawful communication with others should not be disturbed by the government or anyone without a lawful reason. You are also free to worship and practice your religion. This is guaranteed by the right to freedom of religion belief and opinion. You are also free to express your validly and lawfully held beliefs. This is guaranteed by the right of Freedom of Expression. You may take part in a demonstration and present petitions about things that you wish to complain about. Not only does the law allow freedom of expression, it also allows the right to assembly, demonstration, picket and petition. How do these rights affect me as an asylum seeker? The right to work The law provides that asylum seekers, refugees and persons on other particular visas have the right to work and to freely engage in economic activity and pursue a livelihood anywhere in the Republic of South Africa. As a worker, you are free to form and join a trade union, and participate in a strike. You are allowed to demand fair labour treatment in the workplace. Therefore you have the right not to be dismissed without a fair labour hearing in accordance with the Labour Relations Act. You are also entitled to benefits in terms of the Compensation for Occupation Injury and Disease Act which makes provision for compensating workers injured whilst at work. You are also entitled to the right to a minimum wage according to the Basic Conditions of 23

24 Employment Act. You may also set up your own business subject to the law that governs the economic activity that you wish to follow. You enjoy the right to enter into commercial contracts and transactions. Access to Education at Public Schools The law states that every child under the age of 6 must attend school and this includes asylum seekers, refugees and other child migrants. Section 22 permits are also endorsed with the right to study. In the event that you or your child does not have a section 22 permit, they can use your section 22 permit to be allowed to enroll at a school. This is in accordance with the Schools Act and Children s Act. You can also study should you wish to do so. You can even set up your own independent educational institution as long as you do so in accordance with the law. Access to healthcare services The Constitution of South Africa states that no one may be refused emergency medical services. As an asylum seeker, refugee or other migrant you have a right to general medical treatment at state clinics or hospitals including the right to treatment for HIV/AIDS. Open a bank account As an asylum seeker or refugee, you do have the right to open a bank account with any commercial bank. However, some banks require different supporting documents. Some banks find it easier to open accounts for people with Section 24 permits. However, it would be unlawful for a bank to refuse to open an account for the simple reason that you are an asylum seeker because this may amount to discrimination. Freedom of movement You are entitled to travel freely within South Africa. However, you should be advised to carry your identity documents (e.g. Section 22 Permit) with you. Which rights are not enjoyed by asylum seekers? You are not entitled to a South African passport. The law does not allow you to engage in certain political activities e.g. to form a political party or to vote. You are not allowed to stand for public office. Where do I go if my rights are violated? Courts of law have played a significant role in defining the scope of rights pertaining to asylum seekers. It should be remembered that the right to work was granted by the courts. Constitutional matters are dealt with by Superior Courts i.e. Courts which are higher than a magistrate court. Examples are the High Court and Constitutional Court. For everyday infringements, it would be advisable to approach one of the organisations listed on page x. 24

25 SECTION 4 - WHAT SHOULD YOU DO IF YOU ARE ARRESTED OR DETAINED? Arrest under the Criminal Procedure Act Under the Criminal Procedure Act, the law allows the police to arrest anyone on reasonable suspicion that the person has committed an offence or is about to commit an offence. The form of arrest under the Criminal Procedure Act relates to ordinary criminal offences e.g. common assault, theft and other offences. The police are allowed to detain you and must bring you to court within 48 hours. You have the right to be legally represented and you may be released on bail pending trial. This type of arrest may happen to anyone including migrants and South African citizens. Migrants may also be detained under the Immigration Act. Who is at risk of immigration arrest, detention and deportation? An illegal foreigner is a foreigner who is in South Africa in violation of the Immigration Act. The following descriptions are examples of persons who are considered illegal foreigners and who are at risk of immigration detention and deportation (this list is not exhaustive): Undocumented migrants or sans papier : This refers to any foreign national who has no documentation to authorize their presence in South Africa. Asylum seekers whose applications for asylum were finally rejected, but who continue to remain in South Africa despite having received notification to leave the country. Any person who has overstayed on a visa issued in terms of the Immigration Act. The law allows for illegal foreigners to be detained, pending their deportation from South Africa. As an alternative to detention, an illegal foreigner may be allowed to depart voluntarily from South Africa, in which case he or she will be issued with a document which allows them to remain temporarily, whilst arranging to depart. The State may hold the foreigner liable for the costs of their deportation. What is the procedure for lawful immigration detention? Identification Police officers and immigration officials are authorized to request any person to identify themselves as a citizen, resident or foreigner. If there are reasonable grounds to believe that the person is an illegal foreigner, then they may be arrested without a warrant and detained, pending an investigation into their documentation status. Once arr ested, the foreigner s documentation is verified by an immigration officer against the records of the Department of Home Affairs. If the foreigner has no documents on them, they should be allowed to contact relatives or friends to bring the necessary docum ents, or be assisted by an immigration officer to take the necessary steps to obtain the original document. It is therefore important for foreigners to always carry their document, or a certified copy with them. Someone who was declared an illegal foreigner, and who has received the decision to be deported, may challenge the decision through a review process addressed to the Minister of Home Affairs. It must be noted, however, that access to this procedure is lengthy and costly, while the foreigner may be forced to depart while waiting for the outcome of the review. 25

26 Detention of illegal foreigner A warrant of detention is issued by an immigration officer. If someone ha s been arrested and identified by an immigration officer as an illegal foreigner, t he immigration officer must inform the detainee of the decision to be deported in writing. The detainee may be held for up to 30 days without a warrant of court. An immigration officer may request the court to extend the period of detention by up to 90 days. The illegal foreigner must be informed of this in writing and has the right to make written submissions to the court, explaining why the detention should not be extended. The detainee has the right to request that the detention be confirmed by a warran t of court within 48 hours of making such request. The request should be made in writing either through the police officers responsible for the detainee, or through an external representative. Depending on the circumstances of the person, the court may ord er the person s release, or may confirm their detention. If the detainee is not brought before a court within 48 hours of making such request, he or she should be released immediately and further detention will be unlawful. The illegal foreigner has the r ight to legal representation when appearing in court. If the person cannot afford an attorney, they may request to be assisted by an attorney from the Legal Aid Board at no cost. Throughout the detention process, the illegal foreigner is usually transfer red from a police holding cell to a prison, and then transported to an immigration detention centre. An illegal foreigner may be detained for a maximum period of 20 days. Immigration detention exceeding 20 days is unlawful and the foreigner has the right to be released. Whilst detained, the South African government arranges the deportation of the illegal foreigner with the receiving country. It may happen that the embassy of the receiving country refuses to acknowledge the foreigner as their citizen, which effectively means that the person is stateless, or without means to prove their nationality. If deportation is not possible as a result of statelessness, the person may not be detained for longer than 20 days and upon release, the person should seek legal assistance. What are the rights of a person held in immigration detention? The following are some of the basic rights of a person held in immigration detention: - The right to call someone to bring the necessary documents to prove legal stay in South Africa; - The right to be informed, in writing, of the decision to be deported on the grounds of being an illegal foreigner; - The right to request that immigration detention be confirmed by a warrant of court within 48 hours of such request and the right to be released if no warrant is issued within this time; - The right to be notified in writing of the immigration officer s request to the court to extend detention beyond 30 days, and the right to respond in writing; - The right to be released if the detention period exceeds 20 days; - The right to review the decision to deport; and - The right to basic minimum standards of detention (which relates to material and procedural matters, including food, safety, protections from violence and mistreatment, hygiene and so on). 26

27 Length of detention You may not be held in detention for longer than 30 calend ar days without a court warrant. If a warrant is given by the court, you should not be detained for a period exceeding 90 calendar days. Therefore, all in all, you may not be held for a period exceeding 20 days in total. The period of your detention starts from the time that you were deprived of your liberty. It does not start from the time when you were taken to the Immigration Detention facility. Deportation Deportation refers to the lawful, yet forced, removal of a person to the country of which he or she is a citizen. In order to deport an illegal foreigner, officials of the Department of Home Affairs obtain authorization from the foreigner s country of origin, to ensure that he or she will be received upon their return. This is done through negotiation and collaboration with the relevant consulate or embassy. In the case of some neighbouring countries, this is done by the immigration officials present on either other sides of the border. A one-way travel document or laissez-passer can be issued to facilitate one-way movement. A person who has been deported will be declared an undesirable person and may be prohibited from returning to South Africa for a period ranging from 2 months to five years, depending on the circumstances of their case. 27

28 Key Contacts Legal Resources Centre (National Office) 5th and 6th Floor, Bram Fischer Towers, 20 Albert Street, Marshalltown, Johannesburg South Africa s largest public interest, human rights law clinic. Conducts impact litigation, law reform, participation in partnerships and development processes, education, and networking. PASSOP (People against Suffering, Oppression and Poverty) 37 Church Street, Wynberg (corner of Main Road and Church Street), Cape Town office@passop.co.za An advocacy and activist organisation that offers a range of services, including anti -xenophobia help desks that give paralegal advice, integration events and workshops, monitoring of Internally Displaced Persons camps and other advocacy campaigns. Scalabrini 47 Commercial Street, Cape Town, South Africa Contact: Scalabrini Centre offers development and welfare programmes to the migrant and local communities of Cape Town, including: training and assistance with access to local services through referrals to schooling, bank accounts, health care, legal representation, qualific ation accreditation and social assistance. Probono.Org Physical address: West Wing, st Floor, Women s Jail Constitution Hill Kotze Street Braamfontein, Johannesburg charlene@probono.org.za ProBono.Org facilitates the provision of free legal services for the poor by volunteer private lawyers. Service for clients include: legal clinics, education, training and mediation. Services for lawyers include: education and training. Lawyers for Human Rights Durban office Room S04, Diakonia Centre, 20th Diakonia Avenue (formerly St. Andrews Street), Durban Independent human rights organisation providing free legal services to vulnerable, marginalised and indigent individuals and communities, both non-national and South African, who are victims of unlawful infringements of their constitutional rights. Lawyers for Human Rights Johannesburg Office 4th Floor Heerengracht Building, 87 De Korte Street corner Melle Street, Braamfontein Independent human rights organisation providing free legal services to vulnerable, marginalised and indigent individuals and communities, both non-national and South African, who are victims of unlawful infringements of their constitutional rights. Lawyers for Human Rights Musina Office 8 Watson Avenue, Musina Independent human rights organisation providing free legal services to vulnerable, marginalised and indigent individuals and communities, both non-national and South African, who are victims of unlawful infringements of their constitutional rights. Lawyers for Human Rights Pretoria Office Kutlwanong Democracy Centre, 357 Visagie Street, Pretoria 0002 Independent human rights organisation providing free legal services to vulnerable, marginalised and indigent individuals and communities, both non-national and South African, who are victims of unlawful infringements of their constitutional rights. The Consortium for Refugees and Migrants in South Africa (CoRMSA) 5th floor, Braamfontein Centre, 23 Jorissen Street, Braamfontein, Johannesburg info@cormsa.org.za CoRMSA is a registered NGO whose main objectives are the promotion and protection of the rights of refugees, asylum seekers and migrants. It is comprised of a number of member organisations including legal practitioners, research units, and refugee and migrant communities. Jesuit Refugee Services (Head Office) JRS Regional Office 476 Main Street Belgravia, southern.africa@jrs.net Support services for refugees and asylum seekers (5) or

29 Bienvenue Shelter (Johannesburg) 36 Terrace Road, Bertrams, Johannesburg Emergency accommodation for refugee mothers and children. Cape Town Refugee Centre 2 First Floor, Wynberg Centre, 23 Main Road, Wynberg Provides services for refugees and asylum seekers including: access to employment ; short to medium-term needs of most vulnerable refugees; advocacy for refugee rights with a focus on children. Displaced and Migrant Persons Support Program 7B Waldorf Complex, 68 Rivonia Road, Morningside, Johannesburg Services and activities for displaced persons and refugees, including: monitoring, reporting, and direct support (relief, coordination and shelter)

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31 For more information please contact: Legal Resources Centre (National Office) 5 th and 6 th Floor, Bram Fischer Towers, 20 Albert Street, Marshalltown, Johannesburg info@lrc.org.za Tel: Opening Times: Mon-Fri 08:30-5:30