CAT/C/ZAF/CO/2 (f) Implement vigorously the six-point plan on gender-based violence, sexual offences and victim support. Asylum seekers, refugees, and xenophobic attacks against foreign nationals 36. While taking note of the State party’s large caseload of refugees and asylum seekers, the Committee is concerned: (a) At reports that the State party is currently reviewing legislation that would require that asylum seekers report to a refugee reception office by no later than five days after arriving in the country, or face exclusion from refugee status, which may jeopardize the principle of non-refoulement, which was confirmed by the Ruta v. Minister of Home Affairs case; (b) At the increase in difficulties in gaining access to the refugee status determination procedure owing to the closure of a number of refugee reception offices and the lack of adequate safeguards against refoulement; and at the dismissal of cases without consideration of the evidence, which has resulted in a significant reduction in the number of persons being granted refugee status and has led to asylum seekers living in constant fear of deportation; (c) At allegations that some immigration officers refuse to provide even genuine asylum seekers with asylum transit visas at the port of entry, thereby exposing them to immediate risk of arrest or deportation, and at reports that refugee status determination officers cancel or refuse to prolong asylum transit visas if not given a bribe; (d) That the Immigration Act of 2002 provides for the holding of an “illegal foreigner” in custody for up to 120 days without a court hearing; at the prolonged detention, without a warrant and prior to their deportation, of asylum seekers whose applications have been rejected at the Lindela Repatriation Centre, in inadequate conditions that include overcrowding and a lack of hygiene and medical services; and at the proposal contained in a White Paper to create detention facilities at the country’s borders that would house asylum seekers while their applications were processed and would limit their rights to work and movement; (e) That xenophobic attacks against foreign nationals, refugees and asylum seekers, including violence and threats of violence, have continued, resulting in more than 60 deaths, destruction of property and displacement, and that no one has been convicted for past outbreaks of xenophobic violence; (f) At allegations that refugees, asylum seekers, foreign nationals and undocumented migrants are often turned away from hospitals and clinics, thereby being denied health care, or are asked to pay up front, with different hospitals charging different fees (arts. 2, 3, 12–14 and 16). 37. The State party should: (a) Ensure that prospective asylum seekers are allowed to apply for asylum at any time they might express an intention to do so upon or following their arrival in the country, regardless of how long they have delayed doing so, and introduce legislative provisions that enable officials to consider the risk of procedural illtreatment faced by an applicant who may qualify for refugee status; (b) Put in place more efficient enforcement mechanisms to guarantee that the principle of non-refoulement is not violated, and ensure that judicial mechanisms for the review of decisions of expulsion, return and extradition are in place such that under no circumstances will a person be expelled, returned or extradited to a country where he or she would be in danger of being subjected to torture or ill-treatment; (c) Eradicate corruption related to arbitrary cancellation and non-renewal of asylum transit visas and ensure that refugees and asylum seekers do not experience harassment and abuse by the authorities; facilitate the filing of asylum cases and, where necessary, the provision of legal representation; ensure the prompt, effective and fair processing of asylum applications with adequate consideration of the substance of the case while respecting the principle of non-refoulement; 10

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