Pages

National Gazette No. 43913, 20 November 2020, Vol 665, Page 26

20201120 - National Gazette No 43913 of 20-November-2020, Volume 665, page 26

Page	26 of 112
Gazette	National Gazettes, No 43913, from 20 November, 2020
Department	Home Affairs
Notice	Page No. 2 of 19, Notice No. 1234, Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules

26    No. 43913             GOVERNMENT GAZETTE, 20 NOVEMBER 2020

(f)  by insertion of the word “Member” as a legally qualified adjudicator appointed by the Minister of
                         Home Affairs and designated in terms of section 8B(i)(b) of the Act;

(g)  by  insertion  of  the  description  of  the  word  “Registrar”  as  an  official  designated  as  such  by  the
                         Chairperson of the Refugee Appeals Authority of South Africa.
                 Amendment of rule 2 of the principal Rules

Timeframes

2.  sub-rule 1(a) is hereby amended:

(a)  a day means [a calendar including Saturdays, Sundays and public holidays] a working
                            day excluding Saturdays, Sundays and public holidays; and

(b)  Deletion of sub-rule 2(b).

Amendment of rule 3 of the principal Rules

Authority of the [Appeal Board] Refugee Appeals Authority of South Africa and General Powers

3.  Rule 3 of the principal Rules is hereby amended--

(a)  by the substitution for rule 3 of the following:
                                       “3. Authority of the [Appeal Board] Refugee Appeals Authority of South Africa
                                       and General Powers.”

(b)  by the substitution for sub-rule 1 of the following sub-rule:
                                       “1. In exercising its authority pursuant to section [14] 8C of the Act, the [Appeal
                                       Board]   Refugee Appeals Authority of South Africa may”;

(c)  by the substitution for sub-rule (1b)
                                                     convene [as often as necessary] for meetings as required by
                                                     the chairperson with minimum of two meetings per annum;

(d)  by the substitution for sub-rule 1(d) of the following sub-rule:
                                       “1(d) at any time request any party to the appeal to furnish any particulars which
                                       [appear  to]  may  be  [requisite]  relevant  for  the  determination  of  an  appeal;
                                       thereupon that party shall direct the particulars to the [Appeal Board] Refugee
                                       Appeals  Authority  of  South  Africa  within  a  period  [determined  by  the  Appeal
                                       Board]  agreed  by  the  parties,  which  may  not  be  longer  than  30  days,  failing
                                       which the matter will be finalized unless agreed otherwise”;

(e)  by the substitution for sub-rule 1(e) of the following sub-rule:
                                       “1(e) postpone the hearing for any material evidence or representations [of] for
                                       the  consideration  of  an  appeal  to  such  date  as  the  [Appeal  Board]  Refugee
                                       Appeals Authority of South Africa may determine; and”

(f)  by the substitution for sub-rule 2 of the following sub-rule:
                                       “2. If for any reason the Chairperson of the [Appeal Board] Refugee Appeals
                                       Authority of South Africa is unavailable to convene or attend any meeting of the
                                       [Appeal Board] Refugee Appeals Authority South Africa, the Chairperson may
                                       designate one of the members of the [Appeal Board] Refugee Appeals Authority
                                       of South Africa to act as presiding officer.”

(g)  by the substitution for sub-rule 3 of the following sub-rule:
                                       “3. In the event of the [Appeal Board] Refugee Appeals Authority of South Africa
                                       setting aside the decision of a Refugee Status Determination Officer, the matter
                                       may  be  referred  back  to  the  Refugee  Status  Determination  Officer  for
                                       determination.”  (deletion  of  sub-rule  2  and  3)  The  decision  to  refer  the  matter

< page 25	View full Gazette No. 43913	page 27 >

Type your email for free alerts on latest Department of Home Affairs notices as they are published

greengazette

Pages

Links

Publications