South Africa: Circumstances under which the Department of Home Affairs issues passports to non-citizens; information contained in the passports (2012-August 2015)

According to sources, passports may be issued by the Department of Home Affairs to refugees (LHR 19 Aug. 2015; RMC 10 Aug. 2015). In correspondence with the Research Directorate, the Director of the Refugee Ministries Centre (RMC), a faith-based organization advocating for the rights of refugees and asylum seekers in South Africa (ibid.), indicated that passports issued to refugees are also called "travel documents" (ibid. 24 Aug. 2015).

The 1998 Refugees Act of South Africa states that "a refugee may apply for a travel document" (South Africa 1998a, Art. 31). The website of South Africa's Department of Home Affairs and the website of the Western Cape government indicate that South African travel documents are issued to South African permanent residence permit holders who cannot obtain documents for travel purposes from their countries of origin (ibid. n.d.a; ibid. n.d.b), such as "refugees and stateless persons lawfully residing in South Africa" (ibid.). Regulation No. R 353, the 1998 regulations to the South African Passports and Travel Documents Act 1994 states that

(2) [a] document for travel purposes may be issued to any person who is lawfully resident in the Republic, and who -

does not have the citizenship of another country; or

has been granted permanent residence in the Republic and is unable to obtain a passport from the country of which he or she is a citizen; or

has been granted refugee statu[s] in the Republic. (ibid. 1998b, Art. 7(8)(2))

Sources indicate that travel documents are valid for five years (ibid. n.d.a; ibid. n.d.b; LHR 19 Aug. 2015). However, in correspondence with the Research Directorate, an advocacy officer of the Scalabrini Centre of Cape Town (SCCT) [1] and the RMC Director both indicated that travel documents issued to refugees are valid for the same period as the person's refugee status [2] (RMC 10 Aug. 2015; SCCT 25 Aug. 2015). According to the website of the EU's Public Register of Authentic Travel and Identity Documents Online (PRADO), the validity period of South African travel documents varies, but does not exceed five years (EU n.d.).

According to sources, travel documents issued to refugees are black (SCCT 25 Aug. 2015; Edison TD n.d.; RMC 10 Aug. 2015), and contain 32 pages (ibid.). However, in correspondence with the Research Directorate, a representative of Lawyers for Human Rights (LHR), a Johannesburg-based non-profit organization that aims to promote, protect and enforce legal and human rights (LHR n.d.), indicated that travel documents

issued to refugees are identical to the passports issued to citizens. Both passports [travel documents] are green and barcoded. The details in the passport differ in that the refugee's passport will contain the details pertaining to their status as refugee, [such as] refugee permit number and the date of expiry of [the] refugee permit. (ibid. 19 Aug. 2015)

Sources indicate that travel documents contain the following information:

passport type - PT; validity; personal data - name, date of birth, place of birth, nationality, bearer's signature, gender, personal number [13 digit identity number as it appears on the identity document (SCCT 25 Aug. 2015)], photograph and issuing authority (RMC 10 Aug. 2015; Keesing n.d.; SCCT 25 Aug. 2015);

passport number and issuing country (ibid.; LHR 19 Aug. 2015);

issue date and expiry date (ibid.; SCCT 25 Aug. 2015).

The SCCT advocacy officer indicates that the phrase "Passport/Passeport" appears above a passport holder's photograph (SCCT 25 Aug. 2015). Copies of three travel document samples found on the Keesing Reference Systems website (Attachments 1, 2, 3) and a copy of a passport issued to a refugee in South Africa, which was sent to the Research Directorate by the SCCT (Attachment 4), are attached to this Response.

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.

Notes

[1] The SCCT is a non-profit organization that provides services to asylum seekers and refugees in the Western Cape, South Africa, including "legal advice around the application of refugee law" (SCCT 25 Aug. 2015).

[2] According to the RMC Director, officials of the Department of Home Affairs decide on the length of validity of refugee permits issued to refugees (RMC 27 Aug. 2015). The validity of a refugee permit varies from 3 months to 4 years and can be renewed for up to 5 years (ibid.). She explained that "people apply for travel documents when they need them hence they may not immediately apply for one as soon as they are granted refugee status" (ibid.).

References

Edison TD. N.d. "Travel Document in Lieu of National Passport." [Accessed 25 Aug. 2015]

European Union (EU). N.d. Public Register of Authentic Travel and Identity Documents Online (PRADO). "Document: ZAF-JO-01001." [Accessed 25 Aug. 2015]

Keesing Reference Systems. N.d. "South Africa - Travel Document." [Accessed 25 Aug. 2015]

Lawyers for Human Rights (LHR), Johannesburg, South Africa. 19 August 2015. Correspondence from a representative to the Research Directorate.

_____. N.d. "About Lawyers for Human Rights." [Accessed 24 Aug. 2015]

Refugee Ministries Centre (RMC), Johannesburg, South Africa. 27 August 2015. Correspondence from the Director to the Research Directorate.

_____. 24 August 2015. Correspondence from the Director to the Research Directorate.

_____. 10 August 2015. Correspondence from the Director to the Research Directorate.

Scalabrini Centre of Cape Town (SCCT). 25 August 2015. Correspondence from an advocacy officer to the Research Directorate.

South Africa. 1998a (amended 2008 and 2011). Refugees Act, 1998. [Accessed 24 Aug. 2015]

_____. 1998b. Regulation No. R. 353. [Accessed 4 Aug. 2015]

_____. N.d.a. Department of Home Affairs. "General Information About South African Passports." [Accessed 4 Aug. 2015]

_____. N.d.b. Western Cape Government. "How to Apply for a Passport." [Accessed 4 Aug. 2015]

Additional Sources Consulted

Oral sources: African Centre for Migration and Society, University of the Witwatersrand; South Africa - Consulate General in Toronto, Department of Home Affairs, High Commission in Ottawa.

Internet sites, including: Acts Online; African Centre for Migration and Society, University of the Witwatersrand, Johannesburg; African Commission on Human and Peoples' Rights; AllAfrica; Amnesty International; British Broadcasting Corporation; Citizenship Rights in Africa Initiative; Cornell University - Legal Information Institute; Factiva; Human Rights Watch; International Crisis Group; International Federation for Human Rights; Legal Resources Centre [South Africa]; New York University - School of Law, GlobaLex; Parliamentary Monitoring Group; Polityorg.za; South Africa - Consulate General in Toronto, Department of Home Affairs, Department of International Relations and Cooperation, Department of Justice and Constitutional Development, Greengazette Government Gazette of South Africa, www.gov.za, High Commission in Australia, High Commission in Ottawa, Parliament of South Africa, Public Protector South Africa, South African Government News Agency; Southern African Legal Information Institute; thesouthafrican.com; Sunday Tribune; United Nations - NATLEX, Refworld; United States - Department of State, Law Library of Congress.

Attachments

1. Keesing Reference Systems. N.d. "South Africa - Travel Document - T4." [Accessed 25 Aug. 2015]

2. Keesing Reference Systems. N.d. "South Africa - Travel Document - T2." [Accessed 25 Aug. 2015]

3. Keesing Reference Systems. N.d. "South Africa - Travel Document - T1." [Accessed 25 Aug. 2015]

4. South Africa. N.d. "Document for Travel Purposes." Sent to the Research Directorate by a SCCT advocacy officer, 25 August 2015.