SCRA which is currently overburdened with reviews and Provided that a Refugee Reception Officer acts taking lengthy periods of time to review RSDOs decisions. within closely and clearly defined guidelines, and The DHA must therefore be cautious about adding more SCRA retains the power of oversight, the delegation unnecessary administrative burdens like the granting of the to Refugee Reception Officers of the power right to work/study on the SCRA as this may lead to more to assess what conditions should be imposed in pronounced inefficiencies and delayed service delivery. particular cases would not be unlawful. Increasing the administrative burdens without increasing capacity is neither tenable nor practical. In the Watchenuka judgment, the order was that "The Standing Committee for Refugee Affairs is directed to consider and determine whether the first applicant and her son respectively should be permitted to undertake employment and to study pending the outcome of the first respondents application for asylum, and to cause the appropriate condition to be endorsed upon the permit issued to her in terms of s 22 of the Refugees Act. " INCL Refugees who are Doctors, Engineers, Nurses, Lawyers, The view of the Department is that those who have Accountants etc, can contribute to a new and developed South particular skills may apply for appropriate temporary LRC Africa and so should not be excluded from being able to find their residence visas in terms of the Immigration Act, own employment. 2002. The right to work for asylum seekers, upheld in the 2004 Watchenuka case, is also codified by the Universal Declaration of Human Rights and the International Convention on Economic & Social Rights the right to dignity can be
SCRA which is currently overburdened with reviews and taking lengthy periods of time to review RSDOs decisions. The DHA must therefore be cautious about adding more unnecessary administrative burdens like the granting of the right to work/study on the SCRA as this may lead to more pronounced inefficiencies and delayed service delivery. Increasing the administrative burdens without increasing capacity is neither tenable nor practical. Provided that a Refugee Reception Officer acts within closely and clearly defined guidelines, and SCRA retains the power of oversight, the delegation to Refugee Reception Officers of the power to assess what conditions should be imposed in particular cases would not be unlawful. In the Watchenuka judgment, the order was that "The Standing Committee for Refugee Affairs is directed to consider and determine whether the first applicant and her son respectively should be permitted to undertake employment and to study pending the outcome of the first respondents application for asylum, and to cause the appropriate condition to be endorsed upon the permit issued to her in terms of s 22 of the Refugees Act. " INCL LRC Refugees who are Doctors, Engineers, Nurses, Lawyers, Accountants etc, can contribute to a new and developed South Africa and so should not be excluded from being able to find their own employment. The right to work for asylum seekers, upheld in the 2004 Watchenuka case, is also codified by the Universal Declaration of Human Rights and the International Convention on Economic & Social Rights the right to dignity can be The view of the Department is that those who have particular skills may apply for appropriate temporary residence visas in terms of the Immigration Act, 2002.
170221Consolidated.docx