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Refugees Act, 1998 (Act No. 130 of 1998)

Chapter 3 : Application for Asylum

24B. Appeals to Refugee Appeals Authority

 

(1) Any asylum seeker whose application has been rejected in terms of section 24(3)(c) may lodge an appeal with the Refugee Appeals Authority in the prescribed manner and within the prescribed period.

[Section 24B(1) substituted by section 22(a) of Notice No. 1452, GG 41343, dated 18 December 2017]

 

(2) The Refugee Appeals Authority may, after having determined an appeal, confirm, set aside or substitute any decision taken by a Refugee Status Determination Officer in terms of section 24(3)(c).

[Section 24B(2) substituted by section 22(b) of Notice No. 1452, GG 41343, dated 18 December 2017]

 

(3) Before making a decision, the Refugee Appeals Authority may—
(a) invite a UNHCR representative to make oral or written representations;
(b) request the attendance of any person who, in its opinion, is in a position to provide the Refugee Appeals Authority with relevant information;
(c) of its own accord make further inquiries; or
(d) request the asylum seeker to appear before it or to provide any such other information as it may deem necessary.

 

(4) The Refugee Appeals Authority must allow legal representation upon the request of the asylum seeker.

 

(5) The Refugee Appeals Authority must refer a matter back to the Refugee Status Determination Officer to deal with such asylum seeker in terms of this Act if new information, which is material to the application, is presented during the appeal.

[Section 24B(5) substituted by section 22(c) of Notice No. 1452, GG 41343, dated 18 December 2017]