Open AccessFailed asylum seekers in South Africa: policy and practice
Author(s) -
Corey Johnson
Publication year - 2015
Publication title -
african human mobility review
Language(s) - English
Resource type - Journals
eISSN - 2411-6955
pISSN - 2410-7972
DOI - 10.14426/ahmr.v1i2.742
Subject(s) - refugee , immigration , legislation , enforcement , immigration policy , immigration reform , comprehensive plan of action , political science , democracy , human rights , settlement (finance) , immigration law , law , public administration , business , politics , finance , payment
The return of failed asylum seekers has become an issue of concern for asylum states who must balance immigration control measures while upholding refugee protection obligations. The 1994 transition to democracy in South Africa saw the state establish a strong urban refugee protection framework based on individualised refugee status determination processes, freedom of movement, and local integration. The refugee protection framework, although strong on paper, has suffered from a lack of implementation and has coexisted uneasily next to immigration control imperatives. This tension is further exacerbated by the post-1994 immigration regime which promotes a restrictive immigration policy with few options for low-skilled migrants who have turned to the asylum system as a means by which to legalise their stay, thus stretching capacity and conflating immigration control and refugee protection. This article provides a general overview of these issues, as well as an analysis of South Africa's policies to address failed asylum seekers. In doing so it explores the tension between formal human rights protections found in legislation and underlying immigration enforcement imperatives. The article finds that the conditions for an effective failed asylum seeker policy are not present and concludes with a discussion of some of the issues that need to be addressed to implement a more effective and rights-based policy.