Lack of access to the department of home affairs' asylum procedure

Newly arrived asylum seekers in South Africa cannot immediately access the Department’s asylum application procedure. The Unit has achieved some success in addressing this unsatisfactory situation with the two court applications that it launched during 2005 and 2006. Pursuant to these applications, the Pretoria High Court ordered the Department of Home Affairs to procure the services of more staff and also that of an independent process engineer to assess and make recommendations to ensure that newly arrived asylum seekers have proper and lawful access to South Africa’s asylum procedures, provided for by sections 21 and 22 of the Refugees Act. For a copy of the court order, click here. The Court also ordered the Department to file a report detailing the steps that it has taken to ensure adequate access. The Department filed a plan during March 2006 and has indicated that steps have already been taken to procure the services of an independent process engineer. Over the next months the Unit will monitor compliance with the Court’s order.