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National Gazette No. 43913, 20 November 2020, Vol 665, Page 31
49.9Kb
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Gazette
National Gazettes
, No
43913
, from 20 November, 2020
Department
Home Affairs
Notice
Page No. 7 of 19,
Notice No. 1234,
Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules
Preview / 31 of 112
7 STAATSKOERANT, 20 NOVEMBER 2020 No. 43913 31 “4. The Chairperson may designate one or more members of the [Appeal Board] Refugee Appeals Authority of South Africa to hear and determine any appeal lodged.” Insertion of Rule 13A of the principal Rules Determination on paper 13. Rule 13A of the principal Rules is hereby inserted— “1. A member may determine a matter on paper provided there is sufficient information on the file to make a determination.” “2. Where a member decides to conduct a paper determination the Registrar will serve a written notice on the appellant in the Form of RAA(05) to the last confirmed contact details or on the appellant’s file. Within 30 days of receipt of such notice the appellant will have a right to submit a supplementary affidavit.” “3. Prior to making a final determination on paper the appellant will be afforded an opportunity to submit an affidavit explaining whether he/she objects to a determination on paper and provide reasons for such objection. In the affidavit the appellant may include additional information for a member’s consideration.” Amendment of Rule 14 of the principal Rules [Closed] Confidential Proceedings 14. Rule 14 of the principal Rules is hereby amended— (a) by the substitution for sub-rule 1 of the following sub-rule: “1. The proceedings [hearings] of the [Appeal Board] Refugee Appeals Authority of South Africa are confidential and are only open to parties to the proceedings [will not be open to the public.] The [Appeal Board] Refugee Appeals Authority of South Africa may on application or on its own accord allow any persons to attend a hearing. “2. Where such persons are permitted to attend the hearing in terms of Rule 14(1) above, the [Appeal Board] Refugee Appeals Authority of South Africa may nonetheless exclude any person behaving in a manner likely to interfere with the proper conduct of the proceedings.” (b) by insertion of the following sub-rule; “3. Where an application is made to attend confidential proceedings in terms of section 21(5) of the Act, such an application must be heard prior to the hearing of the appeal. A decision in this regard must be rendered within 10 days of the application. Amendment of Rule 15 of the principal Rules Subpoena of Witnesses 15. Rule 15 of the principal Rules is hereby amended— (a) by the substitution for sub-rule 1 of the following sub-rule: “1. The [Appeal Board] Refugee Appeals Authority of South Africa may either of its own volition or on the request of any party to the appeal, subject to the approval of the [Appeal Board] Refugee Appeals Authority of South Africa,
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