Turnaround time for Adjudication of Permanent Residence under Critical Skills Section

SA_flaggeChpapesch1As per the new immigration law that was issued on 26 May 2014 it was stated that the turnaround time for Permanent Residence Applications would take approximately:

8 – 12 months.

This processing time is not necessarily being adhered too and currently having the applicants easily wait up to 2 years for their Permanent Residence application to be finalized regardless of the outcome.

What should happen?

Permanent Residence applications as stated should take 8 – 12 months however over the past 2 years Permanent Residence applications that have been submitted are being issued much slower than the expected time frame.

These applications now in practice have easily been taking 18 – 24 months regardless of the outcome. Continue reading

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Refugees status in South Africa

Refugees status in South Africa

THE Refugee Status Determination Officer HOLDS THE DISCRETION TO ACCEPT OR REJECT THE APPLICANT’S ASYLUM APPLICATION BASED ON THE INTERVIEW.

THE Refugee Status Determination Officer (RSDO) CAN MAKE ONE OF THREE DECISIONS:

  1. Claim approved.

If the application holds substantial grounds as provided by the applicant, the asylum seeker will be issued with a section 24(3)(a) permit under the Refugees Act. Depending on how the Refugee Reception Officer makes its final decision, the permit may be extended for a duration of two to four years. An approval of this application, allows the asylum seeker to apply for a refugee ID and travel document.

  1. If claim rejected as manifestly unfounded.

Within 5 days of rejection, the RSDO must provide the applicant with a rejection letter stating reasons why his / her application was rejected. The full written reasons must also inform the applicant of his right to an appeal challenging the RSDO decision to the Standing Committee on Refugees Affairs (SCRA). The applicant is given 14 days to prepare a written representation to SCRA to review his or her application. Continue reading

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When applying for Refugee permit in South Africa – 3 Stages

When applying for Refugee permit in South Africa - 3 Stages

Three stages are involved

when applying for:

a refugee permit in South Africa

 

 

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When applying for Refugee permit in South Africa

First phase:      

process after entry into South Africa

Second phase:    

application process

Third phase:    

decision regarding Refugee application

First phase – After entry in the Republic

Upon entry in South Africa, a person identifying him or herself as an asylum seeker is granted an Asylum Transit Permit.

This permit is valid for 14 days (five days under the new law – still not clear what the exact current practice is) and allows the holder to lodge an application with the refugee reception office, to make an application for asylum in terms of section 21 of the Refugees Act. Continue reading

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Forced Migration – the tricky, dangerous path leading an asylum seeker to refugee status

Forced Migration – the tricky, dangerous path leading an asylum seeker to refugee status

Undisputed one of the global hot topics of the present day world; refugees, their impact on societies and how best to deal with them.

Which steps are to be taken by those seeking for a legal status after being forced to leave home?

Europe is faced with a so labelled ‘refugee crisis’, emergency meetings with the senior leaders of Western states have been regularly conducted over the past year to form action plans on dealing with the influx of asylum seekers. south-africa-temporary-refugee-status

Also one may argue that differing political opinions within the United Kingdom concerning the appropriate manner in which to deal with refugees has been an important factor leading towards Brexit. No need to further emphasize that dealing with people whom are seeking the protection of another state is an essential topic nowadays; all countries need to ensure that their refugee policy is carefully drafted.

Also in the African context the topic remains very high on the priority list. South Africa, being the most developed country in the Southern African region, attracts many refugees as well as ‘’gold seekers’’. Continue reading

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