South Africa: Passport Control Instruction No. 63 of 1994 - Procedures for handling Asylum-Seekers and Refugees
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1994 |
| Cite as | National Legislative Bodies / National Authorities, South Africa: Passport Control Instruction No. 63 of 1994 - Procedures for handling Asylum-Seekers and Refugees, 1994, available at: http://www.refworld.org/docid/3ae6b5080.html [accessed 24 October 2017] |
| Comments | This is the official text. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
DEPARTMENT OF HOME AFFAIRS
DEPARTMENT VAN BINNELANDSE SAKE
TO THE HEADS OF THE DEPARTMENT, UMTATA AND MMABATHO ALL REGIONAL DIRECTORS, REGIONAL AND DISTRICT REPRESENTATIVES OF THE DEPARTMENT OF HOME AFFAIRS DIRECTORATES OF THE CHIEF DIRECTORATE: MIGRATION AT HEAD OFFICE OFFICERS-IN-CHARGE OF PORTS OF ENTRY AND OFFICERS COMMANDING BORDER CONTROL POSTS MISSIONS OF THE RSA ABROAD
PASSPORT CONTROL INSTRUCTION NO. 63 OF 1994 PROCEDURES FOR HANDLING ASYLUM-SEEKERS AND REFUGEES
When an alien applies for asylum on the grounds that he is a refugee or, if it becomes apparent during the investigation into his residence status that he may be a refugee as defined in the Basic Agreement between the Government of the RSA and the United Nations High Commissioner for Refugees, the following steps must be taken.1. A complete set of fingerprints must be taken and forwarded to Population Registration (BVR). The fingerprint form must be endorsed "Asylum-seeker - for record and enquiry purposes.".
2. An interview must be conducted with the applicant and a BI-1590 completed. All the relevant facts concerning his claim to asylum must be noted on the BI-1590. A BI-1098 must also be completed and attached to the BI-1590. This is only required to record the personal particulars of the asylum-seeker and is not intended as an application for a work/study permit.
3. If the asylum-seeker is not in possession of a temporary residence permit he must be given a temporary permit, issued in terms of section 41 of the Aliens Control Act, 1991 (Act 96 of 1991) pending the outcome of his application. The temporary residence permit (TRP) or section C of the temporary permit must be endorsed "May take up employment, work or study during the period of validity of this permit.".
4. The asylum-seeker must be allowed to make a written statement in his own language and must be assisted to do so as far as possible.
5. All the documentation, other than the fingerprints, must be forwarded to Head Office for the attention of the Sub-directorate: Refugee Affairs, room 1409.
6. The asylum-seeker must be informed in writing that permission to take up employment, work or study is granted pending the outcome of his application for asylum and, should asylum be denied, he will be requested to leave the country, irrespective of the nature of employment or the duration of any study course commenced.
7. All section 41 permits that have already been issued and which were not endorsed as indicated in paragraph 3, must be amended at the first opportunity, please.
This Passport Control Instruction, as all other passport control instructions, must be brought to the attention of all functionaries concerned. Passport Control Instructions must be collected in a volume and at all times be available for easy reference.
DIRECTOR-GENERAL
This Passport Control Instruction follows Passport Control Instruction No. 62 of 1994 dated 14/10/1994 concerning. Fraudulent Visa: The S.A. Embassy in Budapest.
Heads: Departments of Home Affairs (Interior)
Sibasa, Bisho, Ulundi, Witsieshoek, Giyani, Kwamhlanga, Louw's Creek and Chuenespoort.
Copies for your information, please.
DIRECTOR-GENERAL
