Asylum & Refugee Status Determination

ATTENTION! The Department of Home Affairs of the South African government runs the asylum process in South Africa. If you have come to South Africa to seek asylum, it is important to apply for asylum as soon as you arrive in South Africa. Asylum documentation is important for accessing certain services and protects you and your family from arrest.

How can you apply for asylum in South Africa?

You will need to go to the nearest Refugee Reception Office to apply for asylum. Follow these steps to start the process:

Choose a Refugee Reception Office where you want to apply for asylum. Your choices are:

• Cape Town Refugee Reception Office
• Durban Refugee Reception Office
• Desmond Tutu Refugee Reception Office (Pretoria)
• Musina Refugee Reception Office
• Gqeberha Refugee Reception Office (formerly Port Elizabeth)

Remember you will need to travel to this office at your own cost, so choosing the one closest to where you live is important.

At the Refugee Reception Office:

• You will have to provide your biometrics (photographs and fingerprints). All family members listed in the form sent to the Department of Home Affairs will have to be present to give their biometrics.
• You will be asked to give brief reasons about why you are seeking asylum in South Africa.
• After applying for asylum, you and your dependents must be given an asylum-seeker visa. Each family member should be given an asylum-seeker visa (also known as a ‘Section 22 permit’). Make copies of these documents and always keep them very safe.
• You will have an interview with a Refugee Status Determination Officer. The interview could happen on the day you make your asylum application, or you could be asked to come on a different day for this interview.

ATTENTION! If you do not speak or understand English, you have the right to ask for an interpreter!

You will have to complete an interview with a Refugee Status Determination Officer.

During your interview, remember:

• The Refugee Status Determination Officer must explain the procedure to you. If they do not, ask them to do so.
• The Refugee Status Determination Officer should ask you why you fled your country and why it may be unsafe to return.
• The Refugee Status Determination Officer may request evidence or more details on what you tell them. Your husband or wife may be interviewed separately.
• The interview must be recorded, and you should be given the help of an interpreter if you need one.
• You must tell the truth during your interview. If it is discovered that you provided false, dishonest or misleading information, your asylum application may be rejected.
• After the interview the Refugee Status Determination Officer must provide you with a decision. They might give you the decision immediately after the interview or ask you to come back on another day for the decision.
• You should receive the decision in writing.
• The decision may be to grant you refugee status or it may be to reject your claim for asylum as unfounded or manifestly unfounded, fraudulent or abusive.

ATTENTION! Make sure to make copies of all letters, decisions, and visas given by the Department of Home Affairs and keep them very safe.

This means the Department of Home Affairs has given you asylum, and you may remain in South Africa. Recognized refugees living in South Africa have rights and responsibilities.

Your recognition of refugee status document (also known as ‘Section 24 permit’) should:

• Be valid for four years, and
• Be given to the main file holder and all dependent family members (spouse, children, dependent family members included in the first application for asylum or added to the file later)

You will have to:

• Reapply for a refugee status document at least 90 days before it expires;
• Apply for an identity document immediately (this ‘refugee ID’ is valid for the same period as the refugee status document).
• Apply for a refugee travel document if you want to travel outside South Africa.
• Update the officials at the Refugee Reception Office on any address changes.

ATTENTION! Your refugee status document may be withdrawn if you have been convicted and sentenced for a crime. Refugees and asylum-seeker must abide by the laws of South Africa.

Yes! You can start applying for permanent residence after you have lived in South Africa for ten consecutive years as a recognized refugee.

First you will need certification that you will remain a refugee indefinitely. 

Follow these steps to begin the process:

1. Get the Application Form for “Certification of Refugee Status” from the Refugee Reception Office

You can find an application form at the Refugee Reception Office where you have renewed your refugee status document. The application must be made in writing.

2. Motivate why you will be a refugee for a long time

On the form you must include reasons why you think you will remain a refugee in the future. This can include reports on conditions in your home country showing why it would be unsafe for you to return any time soon.

3. Send the Application Form for “Certification of Refugee Status” to the Standing Committee for Refugee Affairs

Once you have completed the application, you may hand it in at the Refugee Reception Office, and they will send it to the Standing Committee for Refugee Affairs.  It can take some time for this first step to be completed.

ATTENTION! When you apply for certification, there is a risk that the Standing Committee for Refugee Affairs may decide you are no longer a refugee. This can result in your refugee status being withdrawn.

It would be best if you spoke to a lawyer before applying for certification of refugee status to make sure it is a good decision. See Legal Assistance for a list of UNHCR’s partner organizations to contact.

If the Standing Committee for Refugee Affairs grants your application for certification and agrees that you will remain a refugee indefinitely, you may use this ‘certification’ to apply for permanent residence. You can make this application for permanent residence to the Department of Home Affairs through VFS Global.

You may want to find a lawyer to help free of charge or you will have to pay a private lawyer. Verify that they are licensed to help you by looking them up on the Legal Practice Council website)

This means the Refugee Status Determination Officer has decided to reject your asylum application. The rejection as ‘unfounded’ and the reasons for the rejection should be written on the Refugee Status Determination Officer’s written decision.

If you do not agree with this decision or how the Refugee Status Determination Officer made the decision, you have a right to appeal to the Refugee Appeals Authority. The Refugee Appeals Authority will then look at the Refugee Status Determination Officer’s decision and make a final decision about your asylum application.

You should speak to a lawyer if the Refugee Status Determination Officer has rejected your asylum application. See Legal Assistance for a list of UNHCR’s partner organizations to contact.

If you want to appeal the Refugee Determination Officer’s decision, you must follow these steps:

1. Read the Refugee Status Determination Officer’s decision

The Refugee Status Determination Officer’s decision must be in writing. The Refugee Status Determination Officer must inform you of your right to appeal and explain what is written in the decision.

You must read what was written or ask someone to help you to understand why the Refugee Status Determination Officer made his decision to reject your application.

2. Let the Refugee Appeal Authority know you want to appeal the decision

You must apply to appeal to the Refugee Appeals Authority within ten working days from the date you got the Refugee Status Determination Officer’s written decision.

You can go to the Refugee Reception Office where you had your interview with the Refugee Status Determination Officer to apply for an appeal. The Refugee Reception Office will give you a ‘Notice of Appeal’ form to complete. The officials at the Refugee Reception Office must send your completed notice of appeal to the Refugee Appeals Authority.

ATTENTION! If you do not give your notice of appeal within ten working days, the Refugee Status Determination Officer’s decision will be final. You may finally be rejected and asked to leave South Africa.

If there is a good reason why you could not give your notice of appeal to the Refugee Appeals Authority within ten working days, you can make a special application to appeal late and explain why you were late.

3. Wait for the Refugee Appeals Authority’s decision

Based on your file and the Notice of Appeal, the Refugee Appeals Authority must tell you whether you need to have a hearing. If the Refugee Appeals Authority does not need you to appear at a hearing, they must tell you in writing. You have the right to ask for a hearing if you would like one.

If you have a hearing with the Refugee Appeals Authority, you will be given a date and time that you must go to the Refugee Reception Office where the hearing with the Refugee Appeals Authority will take place.

During your hearing, you must remember:

• You will be asked about your home country, reasons for leaving, reasons that you cannot return and your application for asylum in South Africa.
• You have the right to ask for an interpreter.
• You must tell the truth.

After considering your appeal, the RAASA may decide one of the following:

1. To uphold your rejection and issue a final rejection which means your asylum claim has failed and you can no longer legally remain in South Africa. You will be notified of how many days you have in South Africa before you must leave the country. A ‘ judicial review ‘ is the only way to challenge this decision. You will need a lawyer for this; see the section on Judicial Reviews below. You will need a lawyer for this, see Legal Assistance for a list of UNHCR’s partner organisations to contact.
2. To grant refugee status which means the RAASA has overturned your first rejection and recognised you as a refugee. You must be provided with a refugee recognition document.
3. To send your application back to the Refugee Status Determination Officer which means the RAASA wants the Refugee Status Determination Officer (RSDO) to consider your application again. You will then be re-interviewed by the RSDO for a new decision on your asylum application.

There is no set time within which the Refugee Appeals Authority must decide on an appeal. There is a backlog of cases with the Refugee Appeals Authority, which means it may take a long time for your appeal to be decided.

The Refugee Appeals Authority is actively working to shorten the time periods by addressing the backlog through the ongoing Asylum Appeals Backlog Project in collaboration with UNHCR.

ATTENTION! Your asylum-seeker visa must be renewed while you wait for a final decision from the Refugee Appeals Authority.

In 2021 the Refugee Appeals Authority, with the support and collaboration of the Department of Home Affairs and UNHCR, began a four year project to address the backlog of asylum appeals.

The Asylum Appeals Backlog Project aims to:

1. Make final decisions on the approximately 133,000 undecided appeals in the backlog; and
2. Improve ways of working to prevent backlogs from happening in the future.

UNHCR is supporting this project by giving funds, expertise, and staff to help the Refugee Appeals Authority complete appeal decisions faster while making good quality decisions.

This means the Refugee Status Determination Officer has decided to reject your asylum application. The rejection and the reasons for the rejection should be written on the Refugee Status Determination Officer’s written decision.

‘Manifestly unfounded’, ‘abusive’ or ‘fraudulent’ rejections are automatically sent to the Standing Committee for Refugee Affairs for review. This means the Standing Committee for Refugee Affairs will look at the Refugee Status Determination Officer’s decision and make a final decision about your asylum application.

You should speak to a lawyer if the Refugee Status Determination Officer has rejected your asylum application. See Legal Assistance for a list of UNHCR’s partner organisations to contact.

ATTENTION! Your asylum-seeker visa must be renewed while you wait for a final decision from the Standing Committee for Refugee Affairs.

When the Standing Committee reviews your asylum application, they can either:

1. Agree with the Refugee Status Determination Officer’s decision: This means the rejection of your asylum application will become final. You will not be allowed to remain in South Africa and will be given notice of how many days you have before you must leave the country

OR

2. Disagree with the Refugee Status Determination Officer’s decision: The Standing Committee will then send your application back for another interview by the Refugee Status Determination Officer or change the decision and approve your asylum application. You will receive a refugee status document if the Standing Committee approves your asylum application.

ATTENTION! You have a right to make written submissions to the Standing Committee if your asylum application is sent to the Standing Committee for Refugee Affairs for review. See Legal Assistance for a list of UNHCR’s partner organizations to contact for help with this.

If the Refugee Appeals Authority or the Standing Committee for Refugee Affairs gives you a final rejection, you will no longer be able to stay in South Africa legally.

This means your asylum application has failed, and you will be given a written notice to leave the Republic of South Africa. If you remain in South Africa, you risk deportation back to your home country.

If you cannot return to your home country because it is still unsafe or your life and safety might be at risk, you can challenge the final decision with a judicial review.

A judicial review means you will take the Department of Home Affairs to the High Court to challenge the final rejection of your asylum application.

If you want to challenge your final rejection, you must remember:

• A ‘judicial review’ can only be done in the High Court of South Africa and you will need a lawyer for this (See Legal Assistance for a list of UNHCR’s partner organizations to contact);
• It can be an expensive process and lengthy process;
• If you cannot find a lawyer to help free of charge, you will have to pay a private lawyer (Verify that they are licensed to help you by looking them up on the Legal Practice Council website).

Dependent family members can be added to the file of a recognized refugee or asylum-seeker. This is informally called ‘family joining’, which allows for a family unit to be documented under one file with the Department of Home Affairs. This protects the right of a family to remain together.

If you are a refugee or an asylum-seeker in South Africa, the following ‘dependents’ can join your file with the Department of Home Affairs:

• Your spouse (husband or wife),
• Your unmarried children who are under the age of 18 years of age,
• Your destitute, aged, or infirm parents who are dependent on you.

ATTENTION! It is very important that you include all dependents on your asylum application and write all their names and dates of birth correctly and in full. If you do not write them correctly, it might cause problems later on.

You will need an appointment at a Refugee Reception Office to add a dependent family member to your file for documentation. Follow these steps to start the process:

1. Email the Refugee Reception Office where you renewed your last refugee or asylum-seeker document.

ATTENTION! If you do not have your own email account, you will have to create one. You should use an email account that you can access in the future so that you can receive the Department of Home Affairs’ replies to you. Make sure you remember your log-in and password details.

Make sure you send the family joining application to the correct email address.

You will need to travel to this office. This will be at your own cost.

Include in your email the following information:

• Write “Family Joining” in the subject line;
• Write in the email, “Dear Sir or Madam, I am kindly requesting family joining for my husband / wife / children / elderly parent,”; and
• Your full name, Home Affairs file number and contact number.

2. Go to the Refugee Reception Office on your appointment date

Once you have sent your email, the Department of Home Affairs will send you another email with the details of your appointment (date, location, and time). You will have to go to the Refugee Reception Office on the day of your appointment with your family.

• Make sure that you go to the Refugee Reception Office for your appointment.
• Bring the people with you that you want to join into your file. This might be your spouse (husband or wife), elderly parent, or children.
• Bring any important documents with you such as marriage certificates and birth certificates, and any other important documents that prove they are your family members.

ATTENTION! If you are caring for a child that is not your biological child, we recommend contacting one of the organizations listed in the Legal Assistance section for further help with documentation. You will have to go to Children’s Court for help with documentation.

If you did not include all your dependent family members on your asylum application when you first made it, you should still try to join these children in your asylum file at the Refugee Reception Office.

The Department of Home Affairs may request proof of your relationship (for example, DNA tests or supporting documentation) before doing a family joining for any dependents not included in the asylum application.

ATTENTION! If you have questions or are unsure, please do not hesitate to contact the UNHCR Toll Free Helpline  (0800 100 030) or seek legal advice immediately. A list of UNHCR Legal Partners can be found in the Legal Assistance section.

The Refugee Reception offices were closed since 26 March 2020 due to the outbreak of COVID-19. In April 2021, the Department of Home Affairs started the online extension of refugee and asylum-seeker documentation.

You can now renew your document via email. The Refugee Reception Office will send you a notice if there is any need for you to come to the Refugee Reception Office in person.

Follow these steps to start the process:

1. Make sure you use your own email address.

If you do not have your own email account, you will have to create one. You should use an email account that you can access in the future so that you can receive the Department of Home Affairs’ replies to you. Make sure you remember your log-in and password details.

2. Download and complete the “Request for Extension Form.”

You have to download a form to apply for an online extension of your asylum or refugee document. You can download the form here:

When you are completing the form, remember:

• You can complete the form digitally on a computer or print it out and complete it by hand (you will have to scan it or take a clear photograph after it is completed).
• All the information must be written clearly and must be true and correct.
• Fill out one form for each person in your asylum-seeker or refugee file. This means one form for you, one for your wife or husband, and one for each child.
• If you have children under the age of 18, make sure that you, the parent, or a legal caregiver, sign the form on their behalf

3. Send an email to the Department of Home Affairs

ATTENTION! The subject line of the email must be your Department of Home Affairs file number only (for example, CTRCOD10000000000).

Each family member will have to send a separate email to the Department of Home Affairs to request an extension of their documents.

You must attach the following documents to your email:

1. A digital, scanned copy OR clear photograph of the completed “Request for Extension Form”
2. A copy OR clear photograph of your latest asylum or refugee document

(If you have lost your current asylum or refugee document, you must attach a commissioned affidavit stating the date the document was lost. The affidavit must also indicate a SAPS case number, where available)

3. Proof of address or affidavit from a Police Station with your address

Make sure you are sending the email to the correct Refugee Reception Office. You must email the request for an extension to the Refugee Reception Office where you received your last extension.

4. Wait for a response from the Department of Home Affairs

After you have emailed the Department of Home Affairs for an extension, one of three things can happen:

If your document expired after 26 February 2020

• The Department of Home Affairs will send you a renewed document by email.
• The document will be password protected. You can use your Department of Home Affairs file number to see the document.
• This document is valid and legal.

OR

If your document expired before 26 February 2020

• You will receive an email from the Department of Home Affairs informing you that you must come for an appointment at the Refugee Reception Office.
• The email will include a date, location, and time for the appointment. Extending documents that expired before 26 February 2020 is done face to face.
• On your appointment date, you will have to take the letter you received to the Refugee Reception Office.
• You will have to follow the process advised by the officials at the Refugee Reception Office to renew your document. If you are being processed for a fine for the expired document, you may wish to contact a lawyer for help. (See Legal Assistance for a list of UNHCR’s partner organizations)

OR

You have not received any response from the Department of Home Affairs

• You should receive an automated Department of Home Affairs response within 24 hours.
• Double-check the steps above if you did not receive any further response.
• Ensure everything was sent to the correct address with the correct attachments and details in the email.
• Do not send multiple emails or applications.
• Check your SPAM and JUNK folders in your email account.
• If you still have not received feedback, contact one of the Legal Assistance organizations or the UNHCR Toll-Free Helpline 0800 100 030.

ATTENTION! Online documentation extension is a FREE SERVICE offered by the Department of Home Affairs. Be CAREFUL of scams and people charging money for the renewal of your documentation. Report Corruption: 0800 701 701 or [email protected]

If you are a recognized refugee, you can apply for an identity document (this ‘refugee ID’ is valid for the same time as the refugee status document (the ‘section 24’ permit). This refugee identity document will include a 13-digit unique ID number.

ATTENTION! Asylum-seekers cannot apply for an identity document.

Follow these steps to start the application for a refugee identity document:

1. Make sure you use your own email address

If you do not have your own email account, you will have to create one. You should use an email account that you can access in the future so that you can receive the Department of Home Affairs’ replies to you. Make sure you remember your log-in and password details.

2. Send an email to the Department of Home Affairs

You must attach the following documents to your email:

• Copy of your valid refugee status document (it should still be valid for more than one year)
• Proof of Residence (or an affidavit from the Police Station with your address)

Your email must include:

• In the subject line “Application for ID – Name of Refugee Reception Office (Names & Surname – File Number)“

EXAMPLE: “Application for ID – Durban (Mary Ndawo – DBRSOM000121107)”

• In the email, include the Refugee Reception Office, where you will collect the document in person

Make sure you send the email to the correct address:

• To apply for Refugee Identity Document, use [email protected]
• For inquiries about Refugee Identity Document applications, use [email protected]
• For collections of Refugee Identity Documents:
  • [email protected](Pretoria Refugee Reception Office)
  • [email protected](Durban Refugee Reception Office)
  • [email protected](Musina Refugee Reception Office)
  • [email protected](Cape Town Refugee Reception Office)
  • [email protected](Gqeberha / Port Elizabeth Refugee Reception Office)

3. Wait for a response from the Department of Home Affairs

You will receive an automatic reply to acknowledge that the Department of Home Affairs has received your email. You must not reply to this email.

ATTENTION! If you sent your application to [email protected] before 30 September 2022 it will be processed.

If you are a recognized refugee, you can apply for a refugee travel document to travel outside of the Republic of South Africa.

ATTENTION! You can only apply for a refugee travel document if you have a valid refugee identity document.

Follow these steps to start the application for a refugee travel document:

1. Make sure you use your own email address

If you do not have your own email account, you will have to create one. You should use an email account that you can access in the future so that you can receive the Department of Home Affairs’ replies to you. Make sure you remember your log-in and password details.

2. Send an email to the Department of Home Affairs

You must attach the following documents to your email:

• A letter to apply for the travel document with:
  • Copy of your valid refugee identity document (it should still be valid for more than one year)
  • Any supporting document for the request to travel (for example, university admission letter, employment letter, invitation letter)

Your email must include:

• In the subject line – Application for Travel Document – Name of Refugee Reception Office (Names & Surname – File Number)
• EXAMPLE: ‘Application for Travel Document – Cape Town (Étienne Ndzube – PTACOD0020121106)‘

Make sure you send the email to the correct address:

• To book for travel documents appointment, use [email protected]
• For inquiries about travel documents, use [email protected]
• For collections of Refugee Travel Documents:
  • [email protected](Pretoria Refugee Reception Office)
  • [email protected](Durban Refugee Reception Office)
  • [email protected](Musina Refugee Reception Office)
  • [email protected](Cape Town Refugee Reception Office)
  • [email protected](Gqeberha / Port Elizabeth Refugee Reception Office)

3. Wait for a response from the Department of Home Affairs

You will receive an email from the Department of Home Affairs to come for an appointment at the Refugee Reception Office.

You will have to bring the following to your appointment:

• Two passport photographs
• Payment of R400