18. Asylum The person who has expressed his/her intention to seek As indicated the Watchenuka judgment has Seeker asylum has the to remain physically present in South not made provision for a blanket condition, which is Visa Africa, the renewal of the visa cannot be discretionary. Such what the Bill proposes that each case must be an extension is mandatory given South Africa’s regional and assessed individually. The Department has international law obligations until such a time as a final carefully studied the judgment as has also decision rejecting the application for asylum has been made. explained this amendment in the Memo on the RLAC are concerned by the withdrawal of the asylum seeker visa Objects of the Bill. by the Director General. This provision endangers the protection of bona fide asylum seekers in that an application may be The UNHCR has not submitted any comments to CGE erroneously rejected by the RSDOs, and before such a person the Portfolio Committee and commenters cannot be 22(5)(c) may exercise the recourses available, the Director General may a mouthpiece of the UNHCR and declare that it is decide to withdraw the visa. We therefore strongly recommend unable to provide aid to asylum seekers. CCR that another paragraph, paragraph (e), be introduced to read as follows: The department proposes to amend section that the asylum seeker has been afforded an 22(8)(b) to add the words any other “Provided “or opportunity to exercise the right to either appeal or review the charitable organisation or person” after the & rejection as applicable, within the prescribed timeframe, and that word “UNHCR”. 22(6) CORMSA having been afforded such an opportunity the asylum seeker has either failed to exercise the right, or having exercised the right, the Director General is convinced that there are no grounds for rendering protection (or the applicant does not meet the criteria).” Section 22(5)(c) in its current form may infringe the rights of the asylum seeker set out in terms of Section 33 of the Bill of Rights.
18. Asylum Seeker Visa 22(5)(c) 22(6) CGE CCR & CORMSA The person who has expressed his/her intention to seek asylum has the to remain physically present in South Africa, the renewal of the visa cannot be discretionary. Such an extension is mandatory given South Africa’s regional and international law obligations until such a time as a final decision rejecting the application for asylum has been made. RLAC are concerned by the withdrawal of the asylum seeker visa by the Director General. This provision endangers the protection of bona fide asylum seekers in that an application may be erroneously rejected by the RSDOs, and before such a person may exercise the recourses available, the Director General may decide to withdraw the visa. We therefore strongly recommend that another paragraph, paragraph (e), be introduced to read as follows: “Provided that the asylum seeker has been afforded an opportunity to exercise the right to either appeal or review the rejection as applicable, within the prescribed timeframe, and that having been afforded such an opportunity the asylum seeker has either failed to exercise the right, or having exercised the right, the Director General is convinced that there are no grounds for rendering protection (or the applicant does not meet the criteria).” Section 22(5)(c) in its current form may infringe the rights of the asylum seeker set out in terms of Section 33 of the Bill of Rights. As indicated the Watchenuka judgment has not made provision for a blanket condition, which is what the Bill proposes that each case must be assessed individually. The Department has carefully studied the judgment as has also explained this amendment in the Memo on the Objects of the Bill. The UNHCR has not submitted any comments to the Portfolio Committee and commenters cannot be a mouthpiece of the UNHCR and declare that it is unable to provide aid to asylum seekers. The department proposes to amend section 22(8)(b) to add the words “or any other charitable organisation or person” after the word “UNHCR”.
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