Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel

 Numbers of Asylum Seekers  DBN  PE  CT  JHB  PTA  MUSINA

 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:  Backlog is standing at

 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   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