South Africa: Passport Control Instruction No. 20 of 1994 - Guidelines for Refugees Status Determination of Mozambicans in South Africa

Date of entry into force: 1994

DEPARTMENT OF HOME AFFAIRS

TO ALL REGIONAL DIRECTORS REGIONAL AND DISTRICT REPRESENTATIVES OF THE DEPARTMENT OF HOME AFFAIRS DIRECTORATES OF THE CHIEF DIRECTORATE: MIGRATION AT HEAD OFFICE OFFICERS-IN-CHARGE OF PORTS OF ENTRY AND OFFICERS COMMANDING BORDER CONTROL POSTS MISSIONS OF THE RSA ABROAD

The following procedures are to be adhered to when dealing with Mozambicans who report to the Department and request refugee status and/or Mozambicans who are detained as illegal aliens and who, when questioned in terms of section 7 of the Aliens Control Act, 1991 (Act 96 of 1991) give answers that indicate that they may be refugees.

1. Mozambicans who report to the Department and request refugee status and assistance with repatriation.

1. 1Complete form "Status Determination - Mozambican Refugees In South Africa "(BI-1595). A copy of this form is attached as the first annexure.

1. 2Using the Guidelines For Refugee Status Determination Of Mozambicans In South Africa (BI-1596), a copy of which is attached as the second annexure, determine whether or not the applicant is a refugee in terms of the guidelines.

1. 3If it is obvious that the applicant is not a refugee he/she must be issued with a temporary permit issued in terms of section 41 of the Aliens Control Act, 1991 (Act 96 of 1991) allowing 14 days to leave the RSA.

1. 4Applicants who do appear to be refugees in terms of the guidelines must also be issued with a temporary permit. A condition of the permit must be that they are either to proceed to their family in Gazankulu or KaNgwane and to report to the United Nations High Commissioner for Refugees (UNHCR) in the area, or if they have no such family, to the staging area of the UNHCR at Mangweni in KaNgwane for assistance in repatriation to and rehabilitation in Mozambique. In this instance the permit must be made valid for as long as is reasonably necessary for the refugee to reach the designated area.

1. 5A copy of the duly completed Status Determination Questionnaire (BI-1595) mentioned in paragraph 1.1 must be attached to the temporary permit.

1. 6Once the refugee reaches the designated area the UNHCR will assist with his/her repatriation to and rehabilitation in Mozambique.

2. Mozambicans who are detained as illegal aliens and who, when being questioned in terms of section 7 of the Aliens Control Act, give answers that indicate that they are refugees.

2. 1Complete form "Status Determination - Mozambican Refugees in South Africa" (BI-1595).

2. 2Using the Guidelines For Refugee Status Determination Of Mozambicans In South Africa (BI-1596), determine whether or not the applicant is a refugee in terms of the guidelines.

2. 3If the applicant is obviously not a refugee, continue with normal removal process after consultation with the supervising officer.

2. 4If the applicant is found to be a refugee and indicates a willingness to return to Mozambique voluntarily, proceed as in paragraph 1.4 above.

2. 5If the applicant is found to be a refugee and does not voluntarily elect to return to Mozambique, proceed as in paragraph 4.3 below.

3. Mozambicans who are detained as illegal aliens when crossing the border or in the immediate vicinity of the border and who request refugee status or express a fear of being returned to Mozambique.

3. 1Hand applicant to an immigration officer who has been designated to deal with refugees.

3. 2The immigration officer must complete an Eligibility Determination form (BI-1590) and make a determination as to the status of the applicant.

3. 3If the immigration officer determines that the applicant is obviously not a refugee he must contact the Deputy Director: Refugee Affairs at Civitas for confirmation of his decision after which the applicant may be removed in the normal way.

3. 4If the immigration officer determines that the applicant is a refugee, proceed as in paragraph 4.3 below.

4. Mozambicans who report to the Department and request refugee status but who indicate that they are not willing to return to Mozambique at this stage.

4. 1Complete form "Status Determination - Mozambican Refugees in South Africa" (BI-1595).

4. 2Using the Guidelines For Refugee Status Determination of Mozambicans In South Africa (BI-1596), determine whether or not the applicant is a refugee in terms of the guidelines.

4. 3If the applicant is a refugee, issue him/her with a temporary permit valid for six months and attach an information leaflet (BI-1594) to the permit. A copy of the leaflet is attached as the third annexure.

4. 4If the applicant is not a refugee proceed as in paragraph 1.3 above.

5. If any doubt as to the status of the applicant exists the applicant should be given the benefit of the doubt.

6. Mozambicans who report directly to the UNHCR and request repatriation assistance will, if they are found to be refugees, be issued with a letter directing them to a specific place before a specified date where they will receive assistance. A copy of the letter is attached as the fourth annexure. All immigration officers, members of the S. A. Police and of the S.A.D.F. are to be requested not to arrest or detain refugees who are in possession of such letters whilst the letters are valid.

7. Any enquiries regarding the above procedures may be directed to the Sub-directorate: Refugee Affairs at Civitas or the UNHCR at telephone 011-4424444.

8. The forms BI-1594,1595 and 1596 are new forms which can be requisitioned in the normal way.

This Passport Control Instruction, as all other passport control instructions, must be brought to the attention of all functionaries concerned. Passport Control Instructions must be collected in a volume and at all times be available for easy reference. BI-1594

INFORMATION LEAFLET VOLUNTARY REPATRIATION OF MOZAMBICAN REFUGEES FROM SOUTH AFRICA TO MOZAMBIQUE.

You have now been issued with a Section 41 permit by the Department of Home Affairs.

Please note that this permit is temporary and only allows you to remain in South Africa for not more than six months from the date of issue. Should you wish to stay longer than the period shown on the permit, you will have to apply for extension at the nearest office of the Department of Home Affairs.

The Office of the United Nations High Commissioner for Refugees (UNHCR) in South - Africa is currently assisting Mozambican refugees who wish to return home to do so. You may therefore wish to contact UNHCR for information relating to voluntary return to Mozambique:

UNHCR/JOHANNESBURG

94 Oxford Road, Cnr 11th Avenue, Houghton 2198 Tel: (011) 442-4444/5/6/7/8 Fax: (011) 442-4117

You are of course free to return on your own to Mozambique at any time within the validity of your Section 41 permit. This permit will also enable you to cross through either Lebombo/Ressano Garcia or Kosi Bay/Ponto Do Ouro border posts.

Please note that you are responsible for the extension of your Section 41 permit upon its expiry. Failure to do so, may render you liable to arrest in accordance with the South African Aliens Control Act.

NATIONS UNIESUNITED NATIONS HIGH COMMISSIONER

HAUT COMMISSAIRE POUR LES REFUGIESFOR REFUGEES

Chargé de Mission

P.O. Box 10332 Johannesburg 2001

94 Oxford Road Cnr 11th Avenue Houghton, Johannesburg 2198 Fax: (11) 442 4117 Tel: (11) 442 4444/5/6/7/8 JHB/PR/340

Date:

TO WHOM IT MAY CONCERN

Re:This is certify that the above-named is Mozambican refugee who voluntarily has requested assistance to return to Mozambique.

He/She/They must report to:

before or on (date) 1994.

Please allow him/her/them free and unhindered passage to the destination indicated above.

This document is issued in terms of Passport Control Instruction no.. of 1994.

OFFICE STAMP

UNHCR BRANCH OFFICE SOUTH AFRICA

BI -1595

STATUS DETERMINATION MOZAMBICAN REFUGEES IN SOUTH AFRICA

QUESTIONNAIRENAME: AGE : SEX: RESIDENCE: NAME OF SPOUSE: RESIDENCE: NAMES OF CHILDREN:PRESENT RESIDENCE:PRESENT RESIDENCE:PRESENT RESIDENCE: PLACE OF PRESENT RESIDENCE IN RSAWHAT OTHER FAMILY MEMBERS OR RELATIVES DO YOU HAVE IN EITHER SOUTH AFRICA OR MOZAMBIQUE? NAME:RESIDENCE:RESIDENCE:RESIDENCE:RESIDENCE:WHERE IN MOZAMBIQUE ARE YOU FROM? VILLAGE:DISTRICT:PROVINCE: WHERE DO YOU WANT TO RETURN TO IN MOZAMBIQUE?VILLAGE:DISTRICT:PROVINCE:WHAT PARTICULAR EVENTS MADE YOU LEAVE MOZAMBIQUE?WHEN DID YOU LEAVE MOZAMBIQUE?DO YOU HAVE ANY PAPERS? DO YOU WORK IN SOUTH AFRICA?BI-1596

GUIDELINES FOR REFUGEE STATUS DETERMINATION OF MOZAMBICANS IN SOUTH AFRICA

Further to the survey on determination of refugee status of Mozambicans in South Africa carried out by OCM, the following are criteria to be used as guidelines in the evaluation of refugee claims emanating from Mozambican Nationals.

1. Mozambican Nationals resident in camps and settlements in the KaNgwane, Gazankulu and Bophuthatswana (Winterveldt) should be presumed to be refugees under UNHCR's Mandate as they evidently left Mozambique for refugee related reasons. (Group Status Determination).

2. Given the similarity of causes that prompted their flight, Mozambicans living in mixed settlements in Lebowa, Kwandabele, Venda and Kwa-Zulu could benefit from similar evaluation and be considered as refugees. (Group Status Determination).

3. Mozambicans who have close family ties with members residing in any of the above camps or settlements could, on the basis of the family unity principle, be recognized as refugees. (Group Status Determination).

4. Mozambicans who sought asylum in South Africa from Mozambique during the period January 1985 - 1992 could be considered as refugees. (Group Status Determination).

5. Mozambicans who-'arrived in South Africa between 1980 and 1985 and claim that they were unable to return to Mozambique for security related reasons could be considered as refugees sur place and should be examined on an individual basis.

6. Mozambicans who arrived in South Africa after January 1993 cannot be presumed to be refugees and should have their claim to refugee status examined individually and on the basis of the refugee definition as embodied in Section 3 of the Basic Agreement.

Comments:
This is the official text. This Instruction was issued by the Director General of the Department of Home Affairs on 14 April 1994.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.