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National Gazette No. 43913, 20 November 2020, Vol 665, Page 26
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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
Preview / 26 of 112
2 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
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