South Africa: Passport Control Instruction No. 33 of 1995 - Stowaways who are or who claim to be Refugees
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Date:
1995
DEPARTMENT OF HOME AFFAIRS
TO THE HEADS OF THE DEPARTMENT, UNTATA MMABATHO SIBASA, BISHO, ULUNDI, WITSIESHOEK, GIYANI, KWANNLANGA, LOUW'S CREEK AND CHUENESPOORT.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 a stowaway is brought to the attention of an immigration officer and the stowaway requests asylum.
1. If a stowaway claims asylum on refugee grounds or during questioning gives answers that indicate that he or she is a refugee, the procedure set out in Passport Control Instruction 63 of 1994 must be applied mutatis mutandis.
2. If the ships estimated time of departure allows for it, the asylum-seeker may remain an board and the relevant documents, with an indication of the ships estimated time of departure, forwarded to the sub-directorate, Refugee Affairs at Head Office by fax for further instructions.
3. If the ships estimated time of departure does not allow for the procedure mentioned in the previous paragraph, the asylum-seeker may be allowed to disembark and the same procedure applied. In this case the asylum-seeker remains the responsibility of the owner of the ship or his agent until a decision in respect of the asylum-seekers status is reached and may be kept in custody or released on a permit issued in terms of section 41 of the Aliens Control Act, 1991. If asylum is granted the responsibility of the owner is absolved. If the application is refused, the stowaway should be removed from the RSA at the expense of the owner or agent.
4. A stowaway who is a national of Somalia, or any other country where the safety or freedom of any such person is seriously threatened, must not be removed to that country or allowed to be removed by the owner, agent or anyone on their behalf until such persons refugee status has been determined.
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.
DIRECTOR-GENERAL
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