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Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960

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Presentation on theme: "Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960"— Presentation transcript:

1 Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960 kaajal@lhr.org.za

2  Numbers of Asylum Seekers  DBN 27 000  PE 23 000  CT 42 000  JHB 67 000  PTA 66 000  MUSINA 33 000

3  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: 261 583  Backlog is standing at 140 000

4  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

5  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

6  How to conduct an interview?  Request File Contents, Power of Attorney required  Prep Heads of Argument  Refugee Appeal Board Rules and documents  www.dha.gov.za www.dha.gov.za  Precedents

7  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

8  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

9 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.

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12  Discretion to request security for repatriation  Mavericks Judgement

13  Liberian case and others where apply for asylum after arrest  Van Garderen v Refugee Appeal Board – children as a special category

14  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.

15  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.

16  Circular from Dept health

17  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

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