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National Gazette No. 43913, 20 November 2020, Vol 665, Page 30
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30 of 112
Gazette
National Gazettes
, No
43913
, from 20 November, 2020
Department
Home Affairs
Notice
Page No. 6 of 19,
Notice No. 1234,
Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules
Preview / 30 of 112
6 30 No. 43913 GOVERNMENT GAZETTE, 20 NOVEMBER 2020 date of the scheduled hearing before the appointed member or members concerned” 5. If the appellant or his/her representative is unable to appear on the date scheduled for the appeal hearing, the written application for postponement must be submitted to the registrar 5 days prior to the hearing date, if possible.” “6. Failure to comply with any provision of the Rules relating to postponement may result in the member or members concerned determining the appeal on paper.” Amendment of Rule 12 of the principal Rules Non-appearance of Appellant 12. Rule 12 of the principal Rules is hereby amended— (a) by the substitution for sub-rule 1 of the following sub-rule: “1. Where an Appellant is duly served with a Notice of Hearing in terms of Rule 10 but fails to attend the hearing and has neither notified the [Appeal Board] Refugee Appeals Authority of South Africa nor given any satisfactory explanation for such failure, the [Appeal Board] Refugee Appeals Authority of South Africa [will] may [determine] consider the appeal on paper subject to Rule 12(2).” (b) by the insertion of the following sub-rules to Rule 12 “2. Where an appellant fails to attend a hearing as set out in Rule 12(1), the appellant may within 30 days of the scheduled hearing provide and serve in terms of Rule 5 the Refugee Appeals Authority of South Africa with reasons for no-appearance in writing.” “3. In exercising its discretion whether or not to grant a hearing of the appeal, the Refugee Appeals Authority of South Africa shall give due consideration to the reasons for failure to appear as scheduled.” “4. Where a member decides to make a determination on paper, the appellant must be provided with a notification of his/her decision and be given an opportunity to provide an additional affidavit within 10 days” “5. The affidavit referred above may contain additional information for the member to consider before finalizing the matter.” Amendment of Rule 13 of the principal Rules Conduct of Proceedings at Hearings 13. Rule 13 of the principal Rules is hereby amended— (a) by the substitution for sub-rule 1 of the following sub-rules: “1. The [Appeal Board] Refugee Appeals Authority of South Africa shall conduct its proceedings in a manner appropriate for the purposes of determining the appeal before it and in line with the practice notes developed for this purpose.” “2. An appeal determination will take the form of a hearing in person, as part of the inquisitorial process. “3. The [Appeal Board] Refugee Appeals Authority of South Africa will [may] require any party or any witness to give evidence [on] under oath or [under] affirmation.”
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