Living on the Margins
Inadequate protection for refugees and asylum seekers in Johannesburg

I. Summary

II. Recommendations

To the government of South Africa
To the United Nations High Commissioner for Refugees

III. Background

IV. The Legal Framework

International principles
South African law

V. Obstacles in the Refugee Status Determination Process

Overview of the process
Applying for asylum

The fourteen-day permit to report to a refugee reception office
Inability to gain access to the refugee reception office
Corrupt practices

First interview
Response of Department of Home Affairs

Lack of official interpreters
Delays in the determination of refugee status
Failure to recognize the legal right to work and study
Hearing before the refugee status determination officer and determination of claims

Appeal and review of refugee status determination decisions

Lack of legal representation
Growing backlog of appeals

Refugee status entitlements

Documentation and duration of refugee status
Permanent residency

VI. Inadequate protection for refugees and asylum seekers

Harassment, mistreatment and extortion of asylum seekers and refugees by law enforcement agencies
Arrest, detention and the threat of deportation of refugees and asylum seekers as “illegal foreigners”

Unlawful detention and the threat of deportation of refugees and asylum seekers at Lindela Deportation Center
Detention beyond the thirty-day limit

Failure to adequately protect unaccompanied minors

Legal standards
Children and the refugee status determination process in South Africa
Detention of unaccompanied children at Lindela Deportation Center
Children’s lack of access to assistance and social services

Social Assistance for refugees and asylum seekers in Johannesburg

Legal standards
The right to work
Access to housing
Access to health care and medical treatment

VII. The Role of UNHCR

VIII. Conclusion

   Acknowledgements

November 2005   Vol. 17, No. 15(A)

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