At the place where the person seeking asylum enters South Africa, s/he will be granted a transit permit which is valid for 14 days in terms of the Immigration Act. A person who wants to apply for asylum must go to the refugee reception office during this time to submit an eligibility determination form (form BI-1590).

You have the right to be assisted in English when making an application. Once you have made an application for asylum you will receive an asylum seeker permit. This is often referred to as a Section 22 permit. If you have been issued with this permit, then any other permit issued under the Immigration Act falls away.

The asylum seeker permit can be extended from time to time and will be valid for up to 6 months, after which it can be renewed.

(See: Resources for names of organisations that will assist with refugee and asylum problems)

The government can withdraw the asylum seeker permit (Section 22) if:

• The applicant goes against any of the conditions on the permit
• They find that the application is not based on the truth
• The application for asylum has been rejected

If a permit has been withdrawn the person seeking asylum can be arrested and detained until their application for asylum has been finalised.

When the government is deciding on an application for asylum they must explain the procedures to the person and tell them what their rights and duties are.

The Refugees Act says asylum seekers are not allowed to work or study. The South African Human Rights Commission challenged the Refugees Act which states that asylum seekers are not allowed to work or study. As a result the Department has instructed all Refugee Reception Offices to endorse the Section 22 permits allowing asylum seekers to work or study.

(See: Resources for names of organisations that will assist with refugee and asylum problems)