The proposed addition of Section 22(13) appears particularly harsh and might contravene fundamental international obligations. An individual should be given the opportunity to re-apply for asylum at least in the case that new elements or findings have arisen or have been presented by the applicant to support a request for asylum. Moreover, in case the determining authority considers that a return decision will lead to direct or indirect refoulement in violation of the State’s international obligations a person should be granted the right to stay. LHR recognises the need for a process regarding abandoned SCCT applications for asylum. Such abandoned claims tend to skew the statistics and risk presenting an unrealistic view of South Africa’s burdens regarding asylum seekers and refugees. However, it should be noted that the amended provisions are far too narrow to be justified and reasonable, especially considering the multitude of reasons why a permit may not be renewed on time. Many factors that could inhibit an asylum seeker from renewing their document for a period of more than one month. These factors include: shortage of staff at the RROs, system malfunction or lack of connection, laziness, bribery and corruption, lack of funds to attend to the RROs which are far and expensive to
SCCT The proposed addition of Section 22(13) appears particularly harsh and might contravene fundamental international obligations. An individual should be given the opportunity to re-apply for asylum at least in the case that new elements or findings have arisen or have been presented by the applicant to support a request for asylum. Moreover, in case the determining authority considers that a return decision will lead to direct or indirect refoulement in violation of the State’s international obligations a person should be granted the right to stay. LHR recognises the need for a process regarding abandoned applications for asylum. Such abandoned claims tend to skew the statistics and risk presenting an unrealistic view of South Africa’s burdens regarding asylum seekers and refugees. However, it should be noted that the amended provisions are far too narrow to be justified and reasonable, especially considering the multitude of reasons why a permit may not be renewed on time. Many factors that could inhibit an asylum seeker from renewing their document for a period of more than one month. These factors include: shortage of staff at the RROs, system malfunction or lack of connection, laziness, bribery and corruption, lack of funds to attend to the RROs which are far and expensive to