Asylum Seeker vs Refugee in South Africa: Key Differences in Permits, Rights and Legal Status
- South Africa distinguishes legally between asylum seekers and refugees, with each status carrying different rights and processes
- Asylum seekers receive a temporary Section 22 permit valid for six months, granting the right to work and study while their case is assessed
- Refugees granted Section 24 status can apply for a refugee ID and eventually permanent residence after 10 years of continuous refugee status
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Many people use the terms "asylum seeker" and "refugee" interchangeably, but in South Africa, the two carry very different legal meanings — and understanding the distinction can be life-changing for those navigating the country's immigration system.
What makes someone an asylum seeker
An asylum seeker is a foreign national who has fled their home country and is formally seeking protection in South Africa, but whose application has not yet been decided. Once someone enters the country through an official port of entry, whether a land border, airport or harbour, they can declare their intention to seek asylum. They are then issued a Section 23 permit under the Immigration Act, which is valid for only 14 days and is non-renewable. This permit exists solely to allow the person to travel to the nearest Refugee Reception Office to lodge a formal asylum application.
At the reception office, the applicant undergoes an admissibility hearing, provides fingerprints, completes a BI-1590 form and receives a Section 22 permit if the process proceeds. This permit is valid for six months and legalises their stay in South Africa temporarily. Crucially, holders of a Section 22 permit have the right to work and study, and are protected against deportation while their claim is being assessed. The permit can be renewed for further six-month periods during the status determination process.
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When refugee status is granted
A Refugee Status Determination Officer (RSDO) conducts a second interview before the Section 22 permit expires. The RSDO evaluates the claim and may grant asylum, reject the application, or refer legal questions to the Standing Committee for Refugee Affairs (SCRA).
If asylum is granted, the applicant receives a Section 24 permit, which allows them to remain in South Africa for a specified two-year period, renewable upon review. Refugees retain the right to work and study. They must also apply for a refugee identity document within 15 days of receiving status, after which they may apply for a United Nations Convention Travel Document. Both the ID and the status determination process are provided free of charge.
Asylum seekers whose applications are rejected can appeal to the Refugee Appeal Board within 30 days of receiving the decision.
After 10 continuous years as a refugee, a person may apply for certification as an indefinite refugee through the SCRA and subsequently apply for permanent residence through the Department of Home Affairs via VFS Global.
Read the full breakdown here.
More Briefly News stories on refugees
- South African family rejected for US refugee status after selling their home, car and belongings, sparking sympathy and disbelief among Reddit users.
- An American TikToker’s critique of plans to admit 17,000 White South African refugees sparks debate over hypocrisy and deportations of brown immigrants online.
- A South African comedian’s viral TikTok satirises an Afrikaner refugee family turned away at a US airport, earning praise for sharp humour and flawless accents.
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Source: Briefly News
