Lawyers for Human Rights takes this issue to the High Court next month.
Lawyers
for Human Rights, representing the Scalabrini Centre, is heading to the
court next month to apply for an urgent interdict to prevent the
arrests of new asylum seekers. Archive
• Thousands of people coming
into South Africa from war-torn countries or countries rife with
political unrest, say they live in constant fear of being arrested.
•
This is despite their numerous attempts, some since 2020, to apply for
asylum at the Department of Home Affairs, but to no avail.
•
According to leaders of immigrant communities in Diepsloot, they are
aware of at least 15 people currently held at the Lindela Repatriation
Centre due to their inability to apply for asylum documents.
• Lawyers for Human Rights, representing the Scalabrini Centre, is taking this issue to the High Court next month.
An
Ethiopian man who has been living and working in Diepsloot, Gauteng for
nearly four years says he fears being arrested each time he walks out
of his home. This is because he has been struggling for years to get
legal asylum documents.
Ahmed, 24, (name changed to protect
identity) said he arrived in South Africa during the lockdown in 2020
after running away from political unrest in his hometown of Tigray in
Ethiopia, in which thousands of people, particularly young men, were
killed.
Refugee reception offices were still closed when he arrived,
so Ahmed could not immediately apply for asylum. In 2021, he submitted
an application online but did not get a response.
He said he has been
arrested by police on more than one occasion for not having the proper
paperwork but is always released when he shows them proof that he is
awaiting feedback on the application he submitted.
In 2023, Ahmed was
arrested again and detained at the Desmond Tutu Refugee Centre. He
travelled there to get answers about his pending application but was
arrested instead. He was later released after being booked for another
interview. He returned to the centre several times since then and is yet
to get an asylum permit. “I don’t know what to do. I’m afraid of being
deported because back home in Ethiopia it is not safe,” he said.
Another
Ethiopian national from Diepsloot, Salmar (name changed to protect
identity), arrived in South Africa in May 2024. Police detained him a
few days after his arrival. He was released on bail after explaining his
intention to apply for asylum.
He has also been to the refugee centre several times and was turned away each time without getting any help.
Ahmed
and Salmar are among more than 10,000 asylum seekers and refugees who
have sought help from Lawyers for Human Rights since 2020.
According
to Daniel Sherrif, leader of the Ethiopian Community in Diepsloot, five
new asylum seekers have been detained by police, while five others are
being held at the Lindela Repatriation Center due to their inability to
apply for asylum documents.
This is in addition to five other
Congolese nationals also being held at Lindela because they have not
been able to get help to apply for documents.
In May, the Scalabrini
Centre in Cape Town, represented by Lawyers for Human Rights, approached
the courts for an interdict to prevent authorities from arresting and
detaining new asylum seekers, the lawyers said in a statement. This
matter will be argued at the High Court in August.
Court battle looms
Meanwhile,
Lawyers for Human Rights has raised concerns with the frequency of
cases in which asylum applicants being arrested while at or on their way
to refugee reception centres. “New applicants for asylum have been
subject to arrest, detention, and deportation without the opportunity to
undergo a refugee status determination interview. This process
effectively denies individuals access to the asylum system, leaving them
vulnerable to deportation to their home countries, where they face
persecution, violence, war, detention, or even death.”
Sharon
Ekambaram, who manages Lawyers for Human Rights, said the organisation’s
offices in Johannesburg, Pretoria, Durban, and Musina have been
inundated with more than 10,000 cases of asylum seekers and refugees
facing documentation challenges since 2020.
Embakaram said most of
the asylum seekers they have been assisting are yet to to have their
applications finalised. This adds to the Department of Home Affairs’
already-existing refugee backlog, said Ekambaram.
“Home Affairs is
doing nothing to make the process of applying for asylum and refugee
documents accessible, and this must change,” she told GroundUp.
Claudia
Marie Bernard Kayitane, director of the immigrant advocacy organisation
Pax Afrika Network, said: “Laws that observe the right to protection
for refugees continue to fail us. A lack of documentation exposes them
to increased insecurity.”
Requests for comment sent to the Department of Home Affairs since 21 June have received no response.
Correction on 2024-07-18 09:31
This
article previously incorrectly stated that Lawyers for Human Rights
will be taking the matter to the Constitutional Court. The case will in
fact be heard at the High Court in Cape Town on 27 August.