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Date: 15 Mar 2011
Title: Refugee Amendment Bill to streamline application process
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Pretoria - The Refugee Amendment Bill will not only streamline the application process for those seeking asylum in South Africa, but will also simplify and make it more efficient, Home Affairs Minister Nkosazana Dlamini Zuma said.
Speaking ahead of the voting on the Bill in the National Assembly on Tuesday, the minister said the Bill would also make the application process more credible.
"We should not subject those genuinely seeking asylum to long protracted processes. At the same time, we would like to be firm and very strict with those who are abusing the asylum system knowing very well that they are not refugees," she explained.
South Africa had an unwavering and steadfast commitment to protect refugees, the minister added.
In terms of the current legislation it is up to a Refugee Status Determination Officer, a very junior person sometimes working alone, to determine whether a person qualifies as a refugee or not.
Home Affairs is now proposing that committees decide on the status of applications.
Members of these committees will have different expertise - be it in national affairs, international relations, politics or current affairs - required to adjudicate such matters.
"They will make decisions efficiently while restoring the integrity of the process," Dlamini Zuma said.
She explained that an application for asylum can have one of three possible outcomes: acceptance, rejection as manifestly unfounded or rejection as unfounded.
If the reasons for application are outside the internationally accepted reasons for granting asylum status, an application is considered manifestly unfounded and according to the proposed amendments will be reviewed by the Director-General.
If the director-general supports that original determination the applicants will be deported.
If during the interview, an applicant's case is found to be without merit; evidence of persecution is absent and their account not entirely truthful, such applications are declared unfounded and applicants have the right to appeal.
"As things stand an appeal process may take years to finalise. We are now proposing an Appeals Authority which can meet simultaneously in groups at different centres to consider applications which will go a long way towards expediting processes.
"The implementation of such proposals will cut short the waiting period and it will be easy to reconcile the findings of the committee as well as the determination of the DG in terms of the decision taken. Those who appeal unsuccessfully will be deported to their countries of origin," she said.
The amendments will also allow for the child born to an asylum seeker to be registered in terms of the Births and Deaths Registration Act, provided the birth certificate is submitted at a Refugee Reception Office in order to have that child included as a dependent of the asylum seeker or refuge.
Dlamini said she hoped that members of the House would vote in favour of the proposed amendments as it would ensure that South Africa upheld its commitment to human rights, and its international obligations. - BuaNews
So is persecution valid if Malema wishes me dead. Can I flee the country because I am robbed on a Sunday afternoon beach stroll. Around every corner people are ready to pelt some one to death with rocks. When is it crime and when is it presicutoin ... ???
Date: 15 Mar 2011
Title: Refugee Amendment Bill to streamline application process
--------------------
Pretoria - The Refugee Amendment Bill will not only streamline the application process for those seeking asylum in South Africa, but will also simplify and make it more efficient, Home Affairs Minister Nkosazana Dlamini Zuma said.
Speaking ahead of the voting on the Bill in the National Assembly on Tuesday, the minister said the Bill would also make the application process more credible.
"We should not subject those genuinely seeking asylum to long protracted processes. At the same time, we would like to be firm and very strict with those who are abusing the asylum system knowing very well that they are not refugees," she explained.
South Africa had an unwavering and steadfast commitment to protect refugees, the minister added.
In terms of the current legislation it is up to a Refugee Status Determination Officer, a very junior person sometimes working alone, to determine whether a person qualifies as a refugee or not.
Home Affairs is now proposing that committees decide on the status of applications.
Members of these committees will have different expertise - be it in national affairs, international relations, politics or current affairs - required to adjudicate such matters.
"They will make decisions efficiently while restoring the integrity of the process," Dlamini Zuma said.
She explained that an application for asylum can have one of three possible outcomes: acceptance, rejection as manifestly unfounded or rejection as unfounded.
If the reasons for application are outside the internationally accepted reasons for granting asylum status, an application is considered manifestly unfounded and according to the proposed amendments will be reviewed by the Director-General.
If the director-general supports that original determination the applicants will be deported.
If during the interview, an applicant's case is found to be without merit; evidence of persecution is absent and their account not entirely truthful, such applications are declared unfounded and applicants have the right to appeal.
"As things stand an appeal process may take years to finalise. We are now proposing an Appeals Authority which can meet simultaneously in groups at different centres to consider applications which will go a long way towards expediting processes.
"The implementation of such proposals will cut short the waiting period and it will be easy to reconcile the findings of the committee as well as the determination of the DG in terms of the decision taken. Those who appeal unsuccessfully will be deported to their countries of origin," she said.
The amendments will also allow for the child born to an asylum seeker to be registered in terms of the Births and Deaths Registration Act, provided the birth certificate is submitted at a Refugee Reception Office in order to have that child included as a dependent of the asylum seeker or refuge.
Dlamini said she hoped that members of the House would vote in favour of the proposed amendments as it would ensure that South Africa upheld its commitment to human rights, and its international obligations. - BuaNews
So is persecution valid if Malema wishes me dead. Can I flee the country because I am robbed on a Sunday afternoon beach stroll. Around every corner people are ready to pelt some one to death with rocks. When is it crime and when is it presicutoin ... ???
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