The South African Refugees Act 130 of 1998 (the Refugees Act) applies to all persons who wish to apply for asylum in South Africa and defines the standard which such applicants must meet in order to enjoy refugee status on the territory. It is the domestication in South Africa of the 1951 Refugee Convention. It outlines the procedure that such applicants must follow and the rights of those whose applications are successful. Statelessness and refugee status are separate concepts. However, a refugee may be or may become stateless, and his or her status as a refugee may not be linked to his or her statelessness. However, not all stateless persons will have a fear of persecution and thus not all will qualify as refugees. Similarly, not all refugees are stateless. A graphic depiction of this scenario presents the following: the groups overlap, but not entirely. Each category retains its own separate meaning, despite the fact that some persons fall under both categories. Stateless Persons Stateless Refugees Refugees Legal framework on nationality and statelessness in South Africa 3.2.5 South African Refugees Act 130 of 1998 When an applicant raises both a refugee and a statelessness claim, it is important that each claim is assessed and that both types of status are explicitly recognised. This is because protection under the 1951 Refugees Convention and the Refugees Act gives rise to a greater set of rights than those available to stateless persons, for whom no dedicated protection mechanism exists in South Africa. Even if the 1954 Stateless Convention were applicable in South Africa, it does not protect migrants who enter South Africa illegally from penalisation, as does the Refugees Act. There may also be cases where persons who have enjoyed recognition under the Refugees Act have their status revoked and at Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 37