All of these issues are obviously not of a legal nature and therefore the Legal Resources Centre is not able to assist in each case. The LRC focuses it’s energy on the issues which often undermines the basic human rights of refugees and asylum seekers.

In 2005 an application was brought on behalf of (De Gaulle Killiko) to compel Refugee Reception in Cape Town to process applications for Section 22 Permits in terms of the Refugee Act within reasonable time of receipt. The application was not only brought on behalf of the applicants, but on behalf of the entire Asylum seeker community who were experiencing difficulties with Refugee Reception during their applications for asylum.

We were able to show the dreadful conditions under which these people had to start queuing form 4h00 in the mornings in order to be amongst the first thirty to be assisted. Clients told of the many cold nights they had to spend sleeping in the parking lot of the Cape Town Refugee Reception in order to get assistance. The case was brought on an urgent basis, but judgment was finally handed down seven months later. The policy and practice of the Cape Town Refugee Reception Office was declared unconstitutional. They were given time however to improve their policy and to show proof to the court of the improvement.

We brought another application shortly before judgment in this matter was handed down on behalf of the applicants as well as more new comers in the matter of Yengo and Thirteen Others. This matter was settled as Refugee Reception in Cape Town was more than willing to process their applications after we had instituted action against them.
It is estimated that there were approximately 18 800 new asylum seeker applications registered nationwide during January and March 2006.

Applications for Refugee Status:
The Refugee Act makes provision for an Asylum claim to be processed within 180 days of receipt. The Cape Town Refugee Office currently has a backlog of five to ten years. These people are currently forming part of a backlog project. They are to be interviewed by Refugee Status Determination Officers. During the period of January 2006 to March 2006 only 112 applications for asylum were approved.

The Cape Town office normally assists those that should be a part of the backlog project to obtain appointments for interviews with the Status Determination Officer.

Many asylum seekers with valid claims are rejected and denied asylum, which is why the Appeal process is so important. The Cape Town office Candidate Attorneys under supervision by an attorney represent clients during their Refugee Status Appeal hearing. During the period of January 2006 to March 2006, 1 144 claims for asylum were rejected.

Refugees suffer greatly as a result of this as their status is often not recognised. For example it is impossible for a refugee to open a Bank account without an identity document. Many refugees have had their already opened Banking accounts frozen as they have no proof of identity.

Matters currently being explored for future actions:
The amendment to documentation of whether Section 22 permits or identity documents cause great frustration for Refugees.

In many if not all circumstances there is a break in communication between Refugees/Asylum Seekers and those working at Refugee Reception offices. Very often language is a major problem and peoples names, birth dates and countries of origin are often recorded incorrectly. We have tried to assist in the rectification of these details, without much success. Refugee Affairs have adopted the stance that because the Refugee Act does not provide for rectification of personal details they have no obligation to do this.

Applications for permanent as well as temporary residence are another area of concern. The Department has recently decided that a foreigner cannot hold more than one permit at a time and that Refugees should not change their status or asylum seekers their permits if they marry South African citizens, or have children with South African citizens.

During the last months it has become practically impossible for asylum seekers or refugees to change their status and apply for temporary or permanent residence.