How and where does SA Migration get involved ( where do we make money ) 1)New Refugee Applications New Comers2)Rejections Manifest Unfounded 3)Abandoned Asylum Seeker4)Judicial Review for Final Rejection and / or Order to Leave 5)Indefinite Refugee Application6)Permanent residence via Indefinite Refugee Status Definitions of commonly used terms2.1 Asylum: Refugee status recognised in terms of the Refugees Act 130 of 1998 (the Refugees Act). It is the legal protection granted by the Government to someone who has left their home country as a refugee. 2.2 Asylum seeker: An asylum-seeker is someone who claims that he or she is a refugee, but whose claim has not yet been definitively evaluated by the relevant government agencies. 2.3 Economic migrant: An economic migrant is an individual who leaves their country due to economic hardship. Such an individual does not, on economic grounds alone, qualify for refugee protection.2.4 Foreigner: In terms of the Immigration Act 13 of 2002 (the Immigration Act) a foreigner means an individual who is neither a citizen nor a resident, but is not an illegal foreigner.2.5 Illegal foreigner: An illegal foreigner means a foreigner who is in South Africa in contravention of the Immigration Act and includes a prohibited person. Illegal foreigners therefore constitute a limited category of people. An illegal foreigner is either a prohibited person or a person who comes into the country or who tries to enter without any permit or any consent or authorisation.2.6 Internally displaced person: Internally displaced persons are persons or groups of persons who have been forced or obliged to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human made disasters, and who have not crossed an internationally recognised State border. Unlike refugees, IDPs have not crossed an international order to find sanctuary but have remained inside their home countries. Even if they have fled for similar reasons as refugees (armed conflict, generalised violence, human rights violations), IDPs legally remain under the protection of their own government even though that government might be the cause of their flight.2.7 Lindela: The Lindela Repatriation Centre is a detention centre for undocumented migrants. It is situated in Krugersdorp, Gauteng.2.8 Migrant: A migrant is a person who moves from one place to another in order to find work or better living conditions. A migrant is a person who, for reasons other than those contained in the definition of refugee, voluntarily leaves their country in order to take up residence elsewhere. 2.9 Prohibited person: A prohibited person is someone who, in terms of section 29 of the Immigration Act, does not qualify for a temporary or permanent residence permit because of infection with an infectious disease; anyone against whom a warrant is outstanding or a conviction has been secured in South Africa or a foreign country with which South Africa has regular diplomatic relations in respect of genocide, terrorism, murder, torture, drug trafficking, money laundering or kidnapping; anyone previously deported and not rehabilitated by the Department; a member of or adherent to an association or organisation advocating the practice of racial hatred or social violence;and anyone who is or has been a member of or adherent to an organisation or association utilising crime or terrorism to pursue its end. 2.10 Refugee: Refugee status is not a status that is granted by states. It is rather recognised by them. person is a refugee within the meaning of the 1951 Convention (and in the South African context, section 3 of the Refugees Act) as soon as he or she fulfils the criteria contained in the definition. This would occur prior to the time at which their refugee status is formally determined. Recognition of his or her refugee status does not therefore make him or her a refugee but declares them to be one. He or she does not have refugee status because of recognition, but because he or she is a refugee. 2.11 Refugee Appeal Board: The Refugee Appeal Board is the board established by section 12 of the Refugees Act. The RAB responsible to hear and make decisions of failed asylum seekers applications, wishing to appeal the decision of the RSDO. In terms of section 13 of the Refugees Act, the Board is made up of a chairperson and at least two other members. 2.12 Standing Committee for Refugee Affairs: The Standing Committee is established by section 9 of the Refugees Act. It is an independent committee which must function without bias and must be independent. It consists of a chairperson and a number of other members as determined by the Minister. The powers and duties of the SCRA, which include amongst other things formulating and implementing procedures for granting asylum and reviewing decisions of RSDOs, are set out in section 11 of the Refugees Act. 2.13 Refugee Reception Office: A Refugee Reception Office is an office established under section 8(1) of the Refugees Act. It is the office which processes applications for asylum, accepts or rejects such applications and at which asylum seeker permits are renewed. Each RRO must consist of at least one Refugee Reception Officer and one Refugee Status Determination Officer. 2.14 Refugee Reception Officer: A Refugee Reception Officer is the officer employed by the DHA and who is situated at a Refugee Reception Office. Such an officer is referred to in section 8(2) of the Refugees Act. The Refugee Reception Officer conducts the first interview with the asylum seeker on lodgement of an application for asylum. 2.15 Refugee Status Determination Officer: The Refugee Status Determination Officer an officer employed by the DHA and who is situated at the Refugee Reception Office. Such an officer is referred to in section 8(2) of the Refugees Act. The RSDO conducts the second interview with an asylum seeker prior to the expiry of his or her section 22 permit. Following an adjudication process, the RSDO makes a decision to grant or reject the application for asylum. 2.16 Section 22 permit: An asylum seeker permit issued in terms of section 22 of the Refugees Act pending the outcome of an application for asylum in terms of section 21(1) of the Act. 2.17 Section 24 permit: A permit issued to a formally recognised refugee after asylum is granted by an RSDO. 2.18 Section 27 certification: A certification process done by the SCRA, on application by a refugee, to certify that the refugee will remain as such indefinitely. Such certification is required for a refugee to apply for permanent residency. 2.19 Undesirable Persons: An undesirable person is a foreigner declared undesirable in terms of section 30 of the Immigration Act by the Department of Home Affairs who or is likely to become a public charge; anyone identified as such; anyone who has been judicially declared incompetent; a rehabilitated insolvent; anyone who has been ordered to depart from South Africa; anyone who is a fugitive from justice; and anyone with a previous criminal conviction without the option of a fine forconduct which would be an offence in South Africa.
