(2) if they do not fall within the definition of a refugee, they must obtain an immigration visa or a Ministerial exemption in terms of the Immigration Act - both of which are difficult to obtain. 11. The lack of substantive options for USMC to acquire any form of documentation and regularise their immigration status has significant impacts on their development and increases the risk of statelessness while its effects are particularly acute when they reach the age of majority when they also face the risk of detention and deportation. Asylum Application 12. The Refugees Act16 provides for unaccompanied and separated asylum-seeking children to apply for asylum.17 However, these children often face challenges in accessing the refugee system. Firstly, the number and geographical location of the Refugee Reception Offices (RROs) is limited.18 Since the beginning of the COVID-19 pandemic, RROs across South Africa have not accepted new asylum applications. The inability for USMC to apply for asylum results in USMC without any regularised immigration status for a prolonged period. Additionally, the capacity and resources of social workers who assist in the asylum application process are limited. Further, the asylum system is not suitable for many placed in CYCCs as few meet the refugee definition,19 and accessing the asylum process is extremely protracted. In some cases, access to the process may be gained only at the time that the child reaches the age of majority at which point they may be forced to apply for asylum on their own merit, placing them at a severe disadvantage due to the nature of their displacement as a child. In cases where USMC do not have any form of documentation - including identity documentation from their country of origin - they are at increased risk of statelessness. Immigration Visa 13. The immigration legislative framework in South Africa does not provide for a visa category that caters to USMC who cannot apply for recognition as a refugee. 20 Some migrant children in South Africa may in limited circumstances qualify to apply for a study visa. However, there are significant barriers to applying for a study visa making it unlikely that USMC in South Africa will acquire such an immigration visa.21 Permanent residence by exemption 16 No 130 of 1998 as amended (hereafter Refugees Act). Read with Refugees Regulations, Government Notices, No. R. 1707, No. 42932, 27 December 2019. 17 Section 21(A) of the Refugees Act, read with Regulation 10. 18 There are just four RROs in the country that accept new asylum applications (Durban, Pretoria, Gqeberha and Musina). The Cape Town RRO was closed to new applications in 2012 and remains operating on a limited basis despite the closure being found unlawful by the courts. 19 See for example, Scalabrini Centre of Cape Town, FOREIGN CHILDREN IN CARE: SOUTH AFRICA. A Comparative Report of Foreign Children Placed in Child and Youth Care Centres in Gauteng, Limpopo and Western Cape Provinces of South Africa, July 2019, available at: https://scalabrini.org.za/wpcontent/uploads/2019/07/Scalabrini_Centre_Cape_Town_Foreign_Children_in_Care_Comparative_Report_South_Africa_2019.pdf. 20 Immigration Act (No 13 of 2002) as amended (hereafter Immigration Act). Read with Immigration Regulations Government Regulation Gazette, Vol. 587, No. 37679, 22 May 2014. 21 Regulation 12 of the Immigration Act sets out the requirements which include inter alia a valid passport, proof of medical cover and proof of sufficient financial means. In addition, all first-time applications must be done in the country of origin. Note some requirements may be waived on application but waivers are difficult to obtain. 4