About This Report
Living on the Margins
November 17, 2005

Living on the Margins

Inadequate protection for refugees and asylum seekers in Johannesburg

I. Summary
II. Recommendations
To the government of South Africa
To the United Nations High Commissioner for Refugees
III. Background
IV. The Legal Framework
International principles
South African law..
V. Obstacles in the Refugee Status Determination Process
Overview of the process
Applying for asylum...
The fourteen-day permit to report to a refugee reception office
Inability to gain access to the refugee reception office
Corrupt practices

First interview

Response of Department of Home Affairs

Lack of official interpreters
Delays in the determination of refugee status
Failure to recognize the legal right to work and study
Hearing before the refugee status determination officer and determination of claims
Appeal and review of refugee status determination decisions
Lack of legal representation
Growing backlog of appeals
Refugee status entitlements
Documentation and duration of refugee status
Permanent residency
VI. Inadequate protection for refugees and asylum seekers
Harassment, mistreatment and extortion of asylum seekers and refugees by law enforcement agencies
Arrest, detention and the threat of deportation of refugees and asylum seekers as "illegal foreigners"
Unlawful detention and the threat of deportation of refugees and asylum seekers at Lindela Deportation Center
Detention beyond the thirty-day limit
Failure to adequately protect unaccompanied minors
Legal standards
Children and the refugee status determination process in South Africa
Detention of unaccompanied children at Lindela Deportation Center
Children's lack of access to assistance and social services
Social assistance for refugees and asylum seekers in Johannesburg
Legal standards
The right to work
Access to housing
Access to health care and medical treatment
VII. The Role of UNHCR..
VIII. Conclusion
Acknowledgements