South Africa: Whether the travel document issued to refugees is valid for travel to the country from which the person fled persecution, including the Democratic Republic of the Congo (2014-June 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

For information on travel documents (passports) issued by South African authorities to refugees, including circumstances under which they are issued, appearance, and information contained in the passports, see Response to Information Request ZAF105274.

In correspondence with the Research Directorate, a representative of the Immigration Services branch of the South African Department of Home Affairs stated, without providing further information, that "the condition on the travel document issued to all refugees in South Africa is that they should not travel to the country of origin" (South Africa 13 June 2016).

The Consortium for Refugees and Migrants in South Africa (CoRMSA), a South Africa-based non-profit organization that seeks to promote and protect the rights of refugees, asylum seekers and migrants (CoRMSA 12 June 2008), indicates on their website, which provides information on applying for refugee status in South Africa, that the travel document issued to refugees by South African authorities cannot be used for travel to the country of origin of the refugee, as this "will be interpreted to mean that [the refugee] can be protected by [their own] country, and [the refugee] could lose [his/her] refugee status" (ibid. 29 May 2009).

Similarly, in 9 and 15 June 2016 correspondence with the Research Directorate, an associate attorney of the Refugee Rights Centre, a centre within the law clinic at Nelson Mandela Metropolitan University that provides pro bono legal services and representation to asylum seekers and refugees throughout the Eastern Cape in South Africa (Associate Attorney 9 June 2016), provided the information in the following paragraph.

Recognized refugees, who are those in possession of an (S)24 permit [1], can apply for and use the refugee passport from the Department of Home Affairs for travel abroad. This South African-issued refugee passport is valid for travel abroad, including to the country of origin. However, as individuals apply for refugee status based on fear of persecution in their country of origin, returning to their country of origin indicates to the South African authorities that the refugee no longer fears persecution and is therefore no longer in need of protection, and it is "likely that [the person] will lose refugee status" in South Africa. If the refugee status is revoked, the refugee passport is also revoked. This applies to all refugees, including refugees from the Democratic Republic of the Congo (DRC). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In 4 June 2016 correspondence with the Research Directorate, an attorney who works on asylum issues with the Legal Resources Centre (LRC), a South Africa-based human rights organization with offices in Johannesburg, Durban, Grahamstown, and Cape Town (LRC n.d.), provided the information in the following paragraph.

South Africa issues travel documents to refugees. If a refugee returns to their own country, this "usually" amounts to the refugee voluntarily accepting the protection of their country of origin, which is inconsistent with being a refugee or asylum seeker. Some refugees from the DRC have used their DRC passport or have travelled without documentation, for example, to bury a parent or recover a child in danger "without falling foul of the availability of protection principle." When a person abandons their refugee status and voluntarily returns to the DRC, they could use either their DRC passport or the South African refugee travel document, but doing the latter would make them vulnerable to persecution by the DRC authorities who mistreat those who have sought refugee status.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] A Section 24 permit (also known as a "Refugee Permit") is provided to people whose asylum applications have been approved, and it officially recognizes them as refugees (South Africa n.d.).

References

Associate Attorney. 9 June 2016. Refugee Rights Centre, Centre for Law in Action, Nelson Mandela Metropolitan University. Correspondence with the Research Directorate.

_____. 15 June 2016. Refugee Rights Centre, Centre for Law in Action, Nelson Mandela Metropolitan University. Correspondence with the Research Directorate.

Attorney. 4 June 2016. Legal Resources Centre. Correspondence with the Research Directorate.

Consortium for Refugees and Migrants in South Africa (CoRMSA). 29 May 2009. "Applying for Refugee Status in South Africa." [Accessed 10 June 2016]

_____. 12 June 2008. "Who We Are." [Accessed 10 June 2016]

Legal Resources Centre (LRC). N.d. "About Us." [Accessed 16 June 2016]

South Africa. 13 June 2016. Department of Home Affairs. Correspondence from a representative to the Research Directorate.

_____. N.d. "Asylum Seeker and Refugee Permits." [Accessed 14 June 2016]

Additional Sources Consulted

Oral sources: Coordinating Body of Refugee and Migrant Communities; Democratic Republic of the Congo - Embassy in Ottawa; Lawyers for Human Rights; Refugees Ministries Centre; Scalabrini Centre of Cape Town; South Africa - High Commission in Ottawa; University of Witwatersrand - African Centre for Migration and Society.

Internet sites, including: Amnesty International; ecoi.net; Human Rights Watch; IRIN; South Africa - Department of Home Affairs; United Nations - Refworld, UNHCR; United States - Department of State.