Refugee status’ means that a person has the protection of the South African government and cannot be forced to return home until such time as it is deemed to be safe to go back. ‘Refugee status’ is designed to assist people who have demonstrated compelling evidence that their government is unwilling or unable or both unwilling and unable to provide protection to the persons as a result their lives are in danger in their own country. If you get ‘refugee status’ you can access most of the same rights as South African citizens except the right to vote.

If you have left your country because of persecution and fear for your life if you were to return there, then you can apply for refugee status at one of the five Refugee Reception Offices. First, you need to get an asylum seeker's transit visa at designated ports of entry failing which, you must present yourself, without delay at the nearest Immigration Office and demonstrate good cause on why you failed to declare at designated ports of entry. The transit visa is valid for five days and will be replaced by an asylum seeker permit when you present yourself at the Refugee Centres. This asylum seeker permit is proof that you have applied for refugee status and are legally in the country. Until you get into the Refugee Reception Office and receive your permit, you may still be arrested by the police or immigration officials.

Once you access the refugee office, you are likely to have what is called a first interview. During the interview, you should be assisted by a Refugee Reception Officer (RRO) to complete the Eligibility Determination Form. In the process you will have to respond to questions including your name, nationality, ethnic group, religion, the number of people in your family, any identity or travel documents, if you have been to South Africa before, education and work experience, whether you have done military service, a brief statement of the reasons as to why you left your country.

Once you have filled in the application form, had your fingerprints taken and your file handed over to a Refugee Status Determination Officer, you will be issued with a ‘Section 22 permit (also known as an ‘asylum seeker permit’). This permit does not recognise you as a refugee. This is just proof that you have applied for refugee status. Make sure you sign your permit and keep this with you at all times. Also, make a copy and keep it in a safe place.

Once you have a section 22 permit, you are entitled to most of the same rights as South African citizens except the right to vote. You can work, study and go to the clinics or hospitals in the same way South African citizens can.

Section 22 permits are often valid for three or six months at a time. This means that you have to regularly renew your permit until you are asked to return for the second interview. You should know that this might take many months.

• The second interview is called the Status Determination hearing. During this interview, the office will look at the application form you filled in at the first interview and try to determine whether you qualify for refugee status.
• Once you have finished this interview, make sure that your asylum seeker permit is renewed and stamped. The office will give you a date when you have to go back to the refugee office to get a decision on your application. This might take 60 days or more.

You will be given a letter telling you that your application for refugee status has either been approved or rejected. If a decision on your application has not been made, renew your permit as usual and return again when it is about to expire.

• If your asylum application is approved, you will be given a “Section 24 permit” (also known as a “Refugee Permit”) which officially recognises you as a refugee in South Africa. This permit is valid for a prescribed period of two years and you must renew this permit three months before it expires.
• Once you have been declared or recognised as a refugee, you are also entitled to apply for a refugee identity document and a travel document. A refugee identity document is a maroon booklet that will have your picture and details in. You may also apply for your United Nations Convention Travel Document if you require it, which takes the place of your passport.

• NO. When you apply or refugee status in South Africa you are saying that you cannot return to your country, including your government representation in South Africa, because you had indicated that they cannot protect you.
• If you travel on your passport from your country, then your refugee status could lapse as you would have automatically re-availed yourself to the protection of your government. If you use the travel document to travel back to your country of origin, this will be interpreted to mean that you can no longer refuse the protection of your government and you could lose your refugee status.

If your asylum application is rejected, this means that the DHA does not recognise you as a refugee. Your matter will be subjected to internal reviews and appeals depending on the initial decision of the RSDO. Unfounded decisions must be appealed 30 days of being told of the rejection, failing which the original decision to depart the Republic will be executed. Whilst the manifestly unfounded or abusive or fraudulent decisions are subject to automatic reviews 14 days after the initial decision if there is no representation is made within that 14 days. The appeals are handled by the Refugee Appeal Board, whilst the Standing Committee for Refugee Affairs handle all reviews.

• If your decision is rejected as being manifestly unfounded, abusive or fraudulent, it will be automatically reviewed by the Standing Committee for Refugee Affairs. You will not be able to appear in person in front of this committee; however, you can provide a written statement or comments saying why you disagree with the negative decision. This needs to be submitted to the refugee office which handed you the rejection letter or to the Standing Committee directly within 14 days of receiving the initial decision.
• If your application is rejected for other reasons (such as being unfounded), then you will have to appeal to the Refugee Appeal Board.