Home Affairs Minister: Asylum seekers do not threaten border security

Home Affairs Minister Leon Schreiber said the presence of asylum seekers in the country and bona fide refugees has no impact on border security.

Schreiber was responding to parliamentary questions by MK Party MP B B Muhammad, who wanted to know the current backlog in the processing of asylum, refugee, and permanent residence applications.

Muhammad also enquired about how the backlog impacted border security and service delivery.                     

In his response, Schreiber said there was no backlog in the processing of both asylum applications and the review of asylum seekers’ claims.

He said only 13 cases were reflected as not adjudicated on December 1 for asylum applications.

However, Schreiber said the Standing Committee on Refugee Affairs (SCRA) has a backlog of about 3,700 cases awaiting outcomes on Section 27 adjudications – a specific certification process for refugees who wish to apply for permanent residence in South Africa.

The SCRA has 7,829 cases pending consideration for the withdrawal of refugee status.

Schreiber also said the Refugee Appeals Authority has a current caseload backlog of 151,802, including pending ring-fenced cases.

He stated that there was no backlog in the processing of the actual permanent residence applications, with the conclusion of the backlog early this year, except for related appeals to original decisions that were negative.

Schreiber stated that the presence of asylum seekers and bona fide refugees does not impact border security.

“Those asylum seekers whose cases are still on appeal before RAA are expected to remain within the borders of the host country and are still bound by the conditions outlined on their temporary asylum permits.

“The conditions include adherence to the laws and the Constitution of the Republic of South Africa,” he said.

“Since there is no backlog in the processing of permanent residence applications, there is no impact on border security,” added Schreiber.

The minister said South Africa, as a signatory to the 1951 Geneva Convention, has obligations to deliver services to asylum seekers within its borders.

He said delays in finalising appeals will result in asylum seekers remaining in the country for longer periods than is desired.

“The delay in finalising certification applications for refugee status indefinitely results in applicants instituting judicial review proceedings to compel SCRA to conclude their applications, which in turn incurs high costs for the department.

“Furthermore, delays in the consideration of asylum seeker withdrawal cases allow individuals who ought to have returned to their countries of origin to remain in South Africa indefinitely, thereby continuing to utilise and compete for state resources.”

He said the pending permanent residence appeal cases were currently covered by a ministerial directive and have no impact on service delivery.

Replying to another question about measures to completely clear the outstanding backlog of asylum appeals, Schreiber said the Backlog Project has been funded by the European Union since January 2024.

He said the department, the UNHCR, and the Refugee Appeals Authority have embarked on a Surge Initiative Project this year to scale up the performance of the current project and capacity development.

“The Surge Project successfully recruited 43 advocates in Pretoria to assist with the backlog. These members will be assisting the project on a part-time basis as they are practicing advocates.”

Schreiber also said the long-term plan was to fully capacitate all the RAA offices in the five regions to prevent new backlogs.

“The Authority will endeavour to flatten the current caseload of appeal cases and to align itself with the department’s Asylum Seeker Management (ASM) adjudication timeframes and targets,” he said.

“Finalising new appeal cases within the 180-day adjudication target - from entry up to the finalisation of the appeal process. This will ensure genuine asylum seekers are not stuck in backlogs awaiting finalisation of their claims for longer periods and safeguard the integrity of the entire asylum process,” added Schreiber.

mayibongwe.maqhina@inl.co.za