Mandating Procedures of Provinces Act, 2008
R 385
Refugees Act, 1998 (Act No. 130 of 1998)RegulationsRefugees Regulations, 201810. Unaccompanied child and person with mental disability |
| (1) | An unaccompanied child must forthwith be referred to the Department of Social Development to be assisted in accordance with the provisions of the Children’s Act, 2005 (Act No. 38 of 2005), and where necessary, after an investigation by a social worker into the status and circumstances of the child, may be assisted by a person appointed by the Children’s court to act on behalf of such child to apply for asylum where such person is a person envisaged in section 3 of the Act. |
| (2) | Where it is apparent from the circumstances that an unaccompanied child is an asylum seeker as contemplated in section 3 of the Act, an asylum seeker visa shall be issued and handed to the representative of the Department of Social Development, in whose care such child is entrusted. |
| (3) | A person with a mental disability contemplated in section 21A(2) of the Act must forthwith be referred a relevant health establishment to be assisted in terms of the Mental Health Care Act, 2002, and where necessary, after an investigation by a representative of the health establishment into the status and circumstances of the person with mental disability, may be assisted by a next-of-kin or person appointed by the competent court to apply for asylum where such person is a person envisaged in section 3 of the Act. |
| (4) | Where unless it is apparent from the circumstances that a person contemplated in subregulation (3) is an asylum seeker as contemplated in section 3 of the Act, an asylum seeker visa shall be issued and handed to the representative of the health establishment, in whose care such a person is entrusted. |
| (5) | The Director-General must, on referral of an unaccompanied child or a person with mental disability to the Department of Social Development or the relevant health establishment, record the name of the official who received the child or person with mental disability, in the register contemplated in subregulation (6). |
| (6) | The Director-General must keep a register of unaccompanied children and persons with mental disability who are referred to the Department of Social Development or any relevant health establishment, as the case may be. |
| (7) | Any person claiming to be an adoptive parent or legal guardian of a child must provide proof of relationship to the satisfaction of the Director-General. |
