IN CONVERSATION WITH INNOCENT MOLOI
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Immigration remains a highly debated issue in South Africa, with public discussions often marked by confusion over the legal distinctions between migrants, asylum seekers, refugees and undocumented migrants. Recent government operations targeting undocumented foreign nationals, together with proposed reforms to the country’s immigration framework, have renewed focus on these categories and the rights and responsibilities attached to each.
Under South African law, a legal migrant is a foreign national who is lawfully present in the country in terms of the Immigration Act or other relevant legislation. This includes individuals holding valid visas or temporary residence permits, permanent residents, recognised refugees and asylum seekers who possess valid permits while their applications are being processed. The Department of Home Affairs requires foreign nationals entering South Africa to have valid travel documents and, where applicable, the necessary visas.
A distinction is also made between asylum seekers and refugees, terms that are often incorrectly used interchangeably. An asylum seeker is a person who has fled their country and applied for protection in South Africa but whose application has not yet been finalised. Such individuals are issued with a temporary Section 22 permit, allowing them to remain in the country legally while their application is being considered. A refugee, on the other hand, is a person whose application has been approved and who has been formally recognised under the Refugees Act as requiring protection due to persecution, conflict or similar circumstances in their country of origin.
Under South African law, a legal migrant is a foreign national who is lawfully present in the country in terms of the Immigration Act or other relevant legislation. This includes individuals holding valid visas or temporary residence permits, permanent residents, recognised refugees and asylum seekers who possess valid permits while their applications are being processed. The Department of Home Affairs requires foreign nationals entering South Africa to have valid travel documents and, where applicable, the necessary visas.
A distinction is also made between asylum seekers and refugees, terms that are often incorrectly used interchangeably. An asylum seeker is a person who has fled their country and applied for protection in South Africa but whose application has not yet been finalised. Such individuals are issued with a temporary Section 22 permit, allowing them to remain in the country legally while their application is being considered. A refugee, on the other hand, is a person whose application has been approved and who has been formally recognised under the Refugees Act as requiring protection due to persecution, conflict or similar circumstances in their country of origin.
