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Probono workshop

Probono workshop. Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960 kaajal@lhr.org.za. 2008 Statistics. Numbers of Asylum Seekers DBN                       27 000 PE                           23 000 CT                           42 000 JHB                         67 000

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Probono workshop

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  1. Probono workshop Kaajal Ramjathan-Keogh Lawyers for Human Rights Tel 011 339 1960 kaajal@lhr.org.za

  2. 2008 Statistics • Numbers of Asylum Seekers • DBN                       27 000 • PE                           23 000 • CT                           42 000 • JHB                         67 000 • PTA                        66 000 • MUSINA              33 000

  3. More stats • UNHCR advises that SA received the highest number of new asylum seekers in the world in 2008 and 2007 • The total number of asylum applications lodged up to 2008 is:  261 583 • Backlog is standing at 140 000

  4. Renewal of permits • Permit to be taken in person to any RRO on the day that it expires • RRO Crown Mines (Jhb) , Moore Road (Dbn), Marabastad (Pta), Port Elizabeth, Inyanga (CT) and Musina • Permitted to renew permits at any RRO- although there may be some exceptions • Asylum seeker permit- valid 1 – 6 months • Refugee permits- valid for max. 2 years

  5. Backlog • Backlog process has ended • Old backlog offices are now being used at primary sites for RROs. • How to deal with old backlog cases- request interviews, decisions

  6. Appeals • How to conduct an interview? • Request File Contents, Power of Attorney required • Prep Heads of Argument • Refugee Appeal Board Rules and documents • www.dha.gov.za • Precedents

  7. Appeal Consultation • Why did you leave your country? • Full details to be able to establish whether the claim falls within the ambit of the Refugees Act • When, how did you travel, whether you have any travel docs, id docs etc. • Try to establish persecution

  8. Cases which are rejected as manifestly unfounded • You may forward a submission for the Standing Committee for Refugee Affairs to consider • You may also ask for client to be able to have a oral hearing before SCRA • This needs to be done within 30 days/ or ask for condonation if out of time

  9. Arrest With a permit • Forward copy of permit to police station and demand release • If client is at Lindela, send correspondence to Director of Refugee Affairs for release • Without Permit • If permit has been lost, get RRO to confirm that client has lodged an application for asylum • If client has not applied for asylum they may do so while in detention, however the will be obliged to remain in detention pending the finalisation of the asylum claim.

  10. Detention

  11. Fees ito section 19 • Discretion to request security for repatriation • Mavericks Judgement

  12. Discussion of cases • Liberian case and others where apply for asylum after arrest • Van Garderen v Refugee Appeal Board – children as a special category

  13. File Transfer • If person has changed place of residence they can request file transfer to a different RRO • Request to be sent to RRO where the file is held cc to RRO that you wish file to be transferred to.

  14. Temp/Perm Residence Procedure • Holder of Section 22/24 may change status once they marry a SA citizen. • Need a passport • Can apply at Home Affairs for accompany spouse visa • Need to be married 5 years before can lodge application for PR unless married before 2004.

  15. Health Care • Circular from Dept health

  16. The Right to Health • South African Constitution • Refugee Act of 1998 • HIV Aids and STI Strategic Plan for SA • National Dept of Health Memo February 2007 • National Dept of Health Directive September 2007

  17. Dept of health circular

  18. continued

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