1. Who can apply for asylum in South Africa?
Any foreign national who is fleeing persecution, war, violence, or serious human rights violations in their home country may apply for asylum in South Africa under the Refugees Act, 1998 (amended in 2017).
2. Where can I apply for asylum?
You must apply in person at a Refugee Reception Office (RRO) in South Africa. These offices are in:
- Pretoria (Tshwane)
- Musina
- Durban (closed and pending reopening)
- Cape Town (reopened in 2023)
Note: You must present yourself immediately or as soon as reasonably possible after entering South Africa.
3. What documents do I need to apply?
- A valid passport or travel document (if available)
- Proof of entry into South Africa
- Any documents supporting your asylum claim (e.g. police reports, news articles, etc.)
If you don’t have documents, you should explain why when you apply.
4. What is the asylum process?
- Lodging a claim: You are issued a Section 23 permit (valid for 5 days) to visit a Refugee Reception Office.
- Interview at RRO: You are interviewed by a Refugee Reception Officer and may receive a Section 22 asylum seeker permit (valid for 3–6 months, renewable).
- Refugee Status Determination (RSD): A second interview is conducted by a Refugee Status Determination Officer (RSDO).
- Decision:
- If approved, you receive refugee status and a Section 24 permit (valid for up to 4 years).
- If rejected, you can appeal or seek judicial review.
5. Can I work or study while my asylum application is being processed?
Yes. A Section 22 permit usually allows asylum seekers to work and study in South Africa, though you may need to request that specific conditions be written into your permit.
6. How long does the asylum process take?
It can take several months to years, depending on:
- The backlog
- Complexity of your case
- Availability of RSD officers
7. What happens if my asylum application is rejected?
You can:
- Appeal the decision to the Refugee Appeal Authority of South Africa (RAASA) within 30 days.
- If the appeal is unsuccessful, you may seek judicial review in the High Court.
8. Can I apply for permanent residence as a refugee?
Yes. If you have held refugee status for at least 5 consecutive years, you may apply for permanent residence under Section 27(c) of the Refugees Act.
9. Can my family be included in my asylum claim?
Yes. You must register your spouse and dependents (children under 18 or other dependents) when applying so they can be included in your claim.
10. Where can I get legal help or advice?
Several organizations offer free legal assistance to asylum seekers:
- Lawyers for Human Rights (LHR)
- Scalabrini Centre of Cape Town
- Legal Resources Centre (LRC)
- Refugee Rights Unit (University of Cape Town)
