Refugees are not migrants but people forced to flee their home countries

I recently did a radio interview about the experiences of refugees and asylum seekers in South Africa. What struck me were the misconceptions about what a refugee is and the problems a refugee faces. Subsequent to the interview, I thought it is important to shed light on these issues.

If we want to address prevailing misconceptions, we must understand the factors that drive individuals to seek asylum in a foreign country, the procedures by which people are granted refugee status, and the rights of these vulnerable groups in their host country under international law. This knowledge will help ensure that the needs of asylum seekers and refugees are adequately met and that their rights and dignity are protected in accordance with international standards and principles of refugee protection. 

According to the 1951 United Nations Refugee Convention; Refugees Act, a refugee is someone who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of [their] nationality and is unable or, owing to such fear, is unwilling to avail [themself] of the protection of that country”. These fears result in people fleeing their country of origin and seeking refuge in another country, where they hope to find protection from persecution, violence or harm, and rebuild their lives with dignity.

In Africa, Uganda hosts the largest number of refugees and asylum seekers, estimated at 1.5 million, followed by Sudan with 1.1 million and Ethiopia with 880 000. South Africa, on the other hand, hosts about 250 000 refugees and asylum seekers, mainly from Somalia, the Democratic Republic of the Congo, Rwanda, Zimbabwe and South Sudan. Locally, refugees and asylum seekers are protected under the Refugees Act. This law ensures that South Africa complies with international refugee standards, manages the entry and application process for asylum-seekers, and outlines the rights and duties of recognised refugees. 

When people leave their country of origin to seek refuge in South Africa, they initially apply for asylum. According to the department of home affairs, asylum seekers are those who have fled their country of origin and are seeking recognition and protection as refugees in South Africa, while their application for refugee status is still under consideration. At the point of entry, they are issued a non-renewable “asylum transit permit” (section 23 permit) under the Immigration Act, which is valid for five days. Within this period, the asylum seeker must report to a refugee reception office to apply for recognition as a refugee in South Africa. There are only five such in the country, and these are located in Gqeberha, Pretoria, Musina, Durban and Cape Town. 

Asylum seekers lodge their application at the nearest refugee reception office, where they complete a form, and an interview is conducted to determine their reasons for seeking refuge. If asylum seekers come with their family, every family member must submit an application. 

The asylum seeker is then issued with a permit (Section 22 permit), valid for up to a year, which legalises temporary residence pending a final decision on the refugee application. The permit allows asylum seekers to live, study and work in South Africa. It also protects them from being deported to their country of origin and from being treated as illegal immigrants. Asylum seekers are entitled to hold this permit until their application is finalised. Therefore, an expired permit does not automatically result in a loss of protection.

Before the expiration of their permit, asylum seekers must attend a second interview with a refugee status determination officer (RSDO). But, in practice, the initial intake, biometric collection and the interview with the officer may occur on the same day, or stretch over multiple appointments. Following this interview, the officer will decide to grant refugee status, reject the application, or refer any legal questions to the standing committee for refugee affairs (SCRA). 

If the application is successful, the asylum seeker is issued a refugee permit (Section 24 permit), valid for up to four years. This permit must be renewed before its expiration date. As a refugee, an individual is allowed to live, study and work in South Africa. Under the Bill of Rights, they are also entitled to the same rights as any South African citizen except the right to vote. But there are often barriers to accessing these rights.

Rejected refugee applications are automatically referred to either the SCRA or Refugee Appeals Authority of South Africa (RAASA) within 10 working days depending on the type of rejection. If the rejection is classified as “unfounded”, an appeal is referred to the appeals authority, whose decision is final. On the other hand, if the rejection is classified as “manifestly unfounded” it is referred to the standing committee for refugee affairs. The SCRA will either confirm the rejection, set it aside, or refer the application back to the determination officer for reassessment. The unsuccessful applicant has the right to appeal the decision within 30 days.

This process outlines how the refugee status application procedure is intended to function. In reality, it often takes quite some time before asylum seekers know the outcome of their application because of backlogs. While waiting for a decision to be made regarding their refugee status or appeal, asylum seekers can renew their permit either online or at their nearest refugee reception office (only when requested to do so). The permit renewal process can be frustrating for asylum seekers. As a result, they are sometimes unable to renew their documentation, inadvertently making them undocumented migrants, vulnerable to exploitation and exposed to the risks of detention and deportation.

Both refugees and asylum seekers face significant difficulties in securing formal employment as a result of the non-recognition of their qualifications from their home countries, lack of local experience and language barriers. Additionally, they struggle to integrate because of xenophobia, limited integration programmes and a lack of understanding among locals about their reasons for fleeing to South Africa.

It is important to differentiate between people who are forced to flee their country of origin because of persecution, violence or harm, and those who voluntarily migrate or travel to another country for economic or other reasons. Refugees and asylum seekers are protected under the 1951 UN Convention, which obliges the South African government, like other signatory states, to provide protection and ensure their safety, in accordance with international humanitarian law and human rights standards.

One way to show empathy to refugees and asylum seekers is to listen to their stories, try to understand the circumstances that forced them to flee their home country and offer support and resources to help them rebuild their lives. By doing so, we can foster a culture of inclusivity, compassion and understanding, and positively influence their journey towards healing and integration in the country.

Yeukai Chideya is affiliated with the Institute for Life Course Health Research in the Department of Global Health at Stellenbosch University. The views expressed are those of the author and do not necessarily reflect those of the university.