Refugee Status Services |
Our refugee laws are a culmination of an evolving human rights based culture and from 1996 onwards, South Africa has assumed various international legal instruments that promote and protect the rights of asylum seekers and refugees seeking permanent residence in South Africa. Craig Smith & Associates, who are expert immigration lawyers, based in South Africa are able to assist you with your refugee status requirements.
The Refugees Act 130 of 1998 and its accompanying Regulations form the main legislation that dictates refugee affairs. Whilst much of the legislation is relatively well intended and constitutionally sound in South Africa, in practise the situation is entirely different. As professional immigration lawyers we understand this and expertly apply our skills and knowledge to each refugee status case.
Notwithstanding certain practises our courts have shaped and developed our refugee laws to such an extent that allow for asylum seekers and refugees to enjoy the benefits of far-reaching rights to work, study, run their own businesses, acquire asylum seeker life partner permits and successfully gain permanent residence and integrate into the fabric of South African society.
Our immigration lawyers offer these services in the area of refugee law:
• Initial consultation, legal advices in lodging asylum application/ eligibility assessment form (the first interview) with Refugee Reception Officer
• Rights to an asylum seeker permit holder and renewals pending asylum application
• Attendance and preparation on interview before Refugee Status Determination Officer
• Attendance and assistance on ID and travel documents
• Attendance on written appeals within 30 days to the Refugee Appeal Board
• Attendance on asylum seeker appeals hearings on determined date in South Africa
• Attendance on reviews by the Standing Committee on manifestly unfounded, abusive or fraudulent decisions by the Refugee Status Determination Officer
• Attendance and oversight over arbitrary actions of the Department of Home Affairs in immigration detentions and immigration deportations
• Assistance in temporary and permanent residence permits under the Immigration Act
• Assistance in asylum seeker life partner permits acquisition under the Immigration Act
Important legal developments for Asylum Seekers and Refugees Status |
Asylum seekers right to work or study
Whilst awaiting outcome of asylum application in terms of section 21 and in possession of an asylum seekers permit in terms of section 22. Previously the Department of Home Affairs were reluctant to grant automatic rights to work or study for asylum seekers whilst their main asylum application was pending. The landmark case of Minister of Home Affairs in South Africa and Others v Watchenuka and Another 2004 (4) SA 326 (28 November 2003), the Supreme Court of Appeal found that the general prohibition on work or study for asylum seekers to be unlawful based on the founding right in our Constitution that everyone has the right to dignity. We are leading immigration lawyers who firmly stand by what is enshrined in the constitution.
Asylum Seekers and Refugees right to apply for work or other temporary or permanent residence permits under the Immigration Act |
In another landmark case brought by the Legal Resources Centre in South Africa on behalf of Dabone and others versus the Minister of Home Affairs and Another (case number 7526/03) an order of Court was issued by the High Court ordering the Minister of Home Affairs to allow asylum seeker permit holders and refugees to apply for temporary and/or permanent refugee status in terms of the Immigration Act.
The previous dispensation requires asylum seekers and refugees to give up their refugee status to apply for residency but now this judgment has the effect of allowing such asylum seekers and refugees the right to apply on their asylum seeking or refugee status permits under the Refugees Act. However, the grounds for any of the permits under the Immigration Act still need to be satisfied as is the case for any foreigners.
As specialist immigration lawyers, we under the applicable laws and can advise you effectively.
Asylum Seekers right to remain in South Africa, Immigration Deportation and Immigration Detention |
Asylum seekers have the legal right to remain in South Africa whilst in possession of a valid asylum seeker permit, or if apprehended, no proceedings may be instituted against such persons if they have applied or intend to apply for asylum. Asylum seekers or refugees have a legal right not be detained or deported if they are in possession of a valid permit and may not be deported until a final determination has been made in terms of such application for asylum including an asylum seeker appeal or review. As your legal representative and experienced immigration lawyers, we understand and pursue your rights.
A central theme of refugee international law is that of non-refoulement that forbids the expulsion of a refugee into an area where the person might again be subjected to persecution and being returned to places where their lives or freedoms could be threatened. Our expertise as prominent immigration lawyers can greatly benefit clients in these delicate matters.