A refugee is entitled to permanent residence after five years of continuous residence in South Africa from the date on which he or she was granted asylum, if the Director-General, after considering all the relevant factors and within a reasonable period of time, certifies that he or she would remain a refugee indefinitely.
Review of Certain Decisions Rejecting a Claim for Asylum
The Director-General must automatically review all decisions taken by Refugee Status Determination Officers who reject an application for asylum as manifestly unfounded, abusive or fraudulent.
Before reaching a decision, the Director-General may (1) request any person who is in a position to do so to provide him or her with information relevant to the matter, (2) make such further inquiries as he or she deems appropriate, and (3) request the applicant to provide such other information as may be necessary.
The Director-General must then confirm or set aside the decision in question.
Withdrawal of an Asylum Seeker Visa
The Director-General must, before withdrawing an asylum seeker visa (1) notify the asylum seeker in question, in writing, of his or her intention to withdraw such visa, (2) provide the asylum seeker with reasons, in writing, for such withdrawal, and (3) notify the asylum seeker of his or her right to make written representations within 7 working days of receipt of the notification.
The Director-General must, after consideration of those representations, furnish the asylum seeker with a final written decision regarding the withdrawal of the asylum seeker visa.