1. 1 Challenges in the Processing of Asylum Applications and Issuance of Permits Caring, compassionate and responsive 01 June 2010 Briefing to the Portfolio Committee on Home Affairs

2. 1-1422 BACKGROUND Caring, compassionate and responsive 2

3. 1-143 ASM Mandate Caring, compassionate and responsive 3  The ASM core mandate gives recognition to the relevant international legal instruments, principles and standards relating to refugees.  To provide for the reception of asylum seekers into South Africa.  To regulate applications that provide for the recognition of refugee status  To provide for the rights and obligations flowing from such status, including enabling documentation  Process refugee enabling documents such as ID and travel documents  Provide support services to the Refugee Appeals Authority as provided for in the Refugee Amended Act  Cooperate and assist with the voluntary repatriation of refugees, advancing commissions and country of origin research for refugees.  Advise and formulate policy on refugee related matters  Monitor the functioning of Refugee Reception Offices  Liaise with stakeholders such as UNHCR, NGOs and Government Departments The Asylum Seeker Management mandate is included in the Refugee Act 130 of 1998:

4. 1-1444 Contextualising an Asylum Seeker and a Refugee Caring, compassionate and responsive 4 An Asylum Seeker - Is a person who has fled his/her country of origin and is seeking recognition as a refugee in the Republic of South Africa, and whose application is still under consideration. A Refugee - Is an asylum seeker who has been granted asylum status and protection in terms of the Refugees Act No 130 of 1998. Under the 1951 United Nations Convention: –a refugee can be a “convention refugee” who has left his home country and has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or a membership in a particular social group. The 1969 Africa OAU Convention: - a refugee can also be a person who has left his home owing to external aggression,occupation,foreign domination, or events seriously disturbing or disrupting public order in either a part or the whole of his country of origin or nationality

5. 1-145 Legislative Framework Overview Caring, compassionate and responsive 5  The Refugees Act provides practical implementation of the relevant international legal instruments, principles and standards relating to refugees; to provide for the reception into South Africa of asylum seekers; to regulate applications for and recognition of refugee status; to provide for the rights and obligations flowing from such status;  Refugees enjoy all the human rights contemplated in the Bill of Rights except the right to vote.  The Bill of Rights is the cornerstone of democracy in South Africa. It provides for the rights of all people in our country and affirms a wholesale of democratic values of human dignity, equality and freedom.  1996 Constitution  Refugees Act, 1998  The 1951 UN Convention on the Status of Refugees and its 1967 Protocol  The 1969 OAU (AU) Convention governing the specific aspects of refugee problem in Africa  The 1993 Basic Agreement between South Africa and the UNHCR RSA CONSTITUTION,1996 REFUGEES ACT, 1998 LEGAL FRAMEWORK

6. 1-1466 CHALLENGES Caring, compassionate and responsive 6

7. 1-1477 Challenges Encountered in Processing Applications for Asylum Caring, compassionate and responsive 7 Identified challenges at Legislative framework level: –Absence of provisions in the existing frameworks to address issues of economic migrants lead to the abuse of the system. –The certification of refugee status is being used to qualify for permanent residence and ultimately citizenship Consolidation of aspects of citizenship in the citizenship Act to deal with all aspects of citizenship and the abuse thereof. –The current immigration legislation allows for immigration practitioners who abuse the system by assist asylum seekers to fraudulently access other permits in terms of the Immigration Act. Challenges at an implementation level –Capacity Limited capacity to deal with overwhelming demand for service. New organisational structure has been developed and the recruitment and appointment of additional staff is underway. –Status Determination process Too much responsibility is placed on an individual to make a decision on a claim for asylum. This makes the individual vulnerable to corruption. The emphasis in the application processing focuses on compliance at the expense of risk assessment. –Appeal process Inadequate capacity of the Refugee Appeal Board has resulted in a bottleneck of cases being finalised. Protracted appeal processes render the system vulnerable to litigation. Inadequate infrastructure –Office structural model not designed to cater for mass influx –Information systems have limitations in providing accurate management information to support registration and Refugee Status Determination processes.

8. 1-1488 Issuance of Permits Caring, compassionate and responsive 8

9. 1-1499 Products Offered (Permits Issued) Caring, compassionate and responsive 9 Asylum Seeker’s Temporary Permit in terms of Section 22 of the Refugee Act Refugee Status in terms of Section 24 (3)(a) of the Refugee Act Refugee ID in terms of Section 30 of the Refugee Act. Refugee Travel Document Refugee Certification in terms of Section 27 (c) of the Refugee Act to enable the recipient to apply for Permanent Residence Permit

10. 1-1410 Caring, compassionate and responsive 10 Issuance of Permits to Asylum Seekers: S22 ProvisionsImplicationsChallengesDefinition Asylum Seekers Temporary Permit known as Section 22 Permit (S22) The Asylum Seeker’s Temporary Permit is issued in terms of Section 22 of the Refugee Act which make provision for the conditions of the permit Section 22 Permits: This permit which is issued to asylum seekers to legalize their stay in the Republic pending a final decision on their application for asylum. The permit is issued in 1 day. Capacity to deal with demand for services IT infrastructure is unstable Applicant not protected. Proposed Solutions To strengthen the capacity to deliver

11. 1-1411 Caring, compassionate and responsive 11 Issuance of Permits to Refugees: S24 ProvisionsImplicationsChallengesDefinition Refugee Status known as Section 24 Permit (S24) Section 24 of the Refugee Act provides for the decision regarding application for asylum Section 24 Permit is a Refugee Status issued within 180 days to a genuine refugee in RSA for protection Ineffective adjudication process. Inadequate capacity High risk for national security as refugee status is issued to undeserving elements through misrepresentation or corruption Proposed solutions Amendment of the Refugee Act in terms of adjudicative procedure and capacity

12. 1-1412 Caring, compassionate and responsive 12 Issuance of Permits to Refugees: Refugee ID ProvisionsImplicationsChallengesDefinition Refugee Identity Document Section 30 of the Refugees Act 130 of 1998 provides for the issuance of Identity Document to refugees in the prescribed manner A refugee, not an asylum seeker, must apply for a refugee ID book at any Refugee Reception Office within 15 days of the receipt of his refugee status in the prescribed manner and be issued with the document within 40 days Technical challenge as HANIS not yet interfaced with NIIS (No conversion of fingerprints) Delay in issuing Refugee ID within the required timeframe Legal threats Proposed Solutions IT seeking a solution to the challenges.

13. 1-1413 Caring, compassionate and responsive 13 Issuance of Permits to Refugees: Passport ProvisionsImplicationsChallengesDefinition Refugee Travel Document A refugee who is in possession of a refugee ID and a refugee status valid for at least 6 months can apply for a Refugee Travel Document at any Refugee Reception Office in the prescribed manner and be issued the document within 10 days Technical challenge as HANIS not yet interfaced with NIIS (No conversion of fingerprints) UNHCR no longer supplying UNCTD Legal threats from NGO advocating for refugees Proposed solutions Phased-in approach which will include NIIS-HANIS-NPR systems Integration (interface) for an automated processing of travel documents Section 31 of the Refugee Act 130 of 1998 provides for the issuance of Travel Document to refugees in the prescribed manner

14. 1-1414 Caring, compassionate and responsive THANK YOU