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

Regulations

Refugees Regulations, 2018

12. Asylum seeker visa

 

(1) A visa in terms of section 22 of the Act shall be issued to an applicant on a Form substantially corresponding to Form 5 contained in the Annexure.

 

(2) A visa contemplated in subregulation (1) shall contain―
(a) the conditions upon which asylum seekers may―
(i) temporarily reside in the Republic; and
(ii) where appropriate, seek employment and obtain basic education; and
(b) the obligations and rights of the holder thereof;
(c) a requirement for the applicant to appear in person for each scheduled appointment; and
(d) the consequences of failure to comply with any of the conditions of the visa or instructions issued by the Refugee Status Determination Officer or any other authorised official of the Refugee Reception Office.

 

(3) An asylum seeker visa may be issued to a failed asylum seeker upon service of a notice of motion indicating an application for judicial review: Provided that such visa may be issued for a period not exceeding 30 days at a time.

 

(4) An asylum seeker must at all times be in possession of the original visa, issued in terms of section 22 of the Act, as proof of his or her legal status in the Republic.

 

(5) Prior to issuing any right to seek employment to any asylum seeker, an assessment contemplated in section 22(6) of the Act must be completed on a Form substantially corresponding to Parts A3 and B3 of Form DHA-1590 contained in the Annexure to establish such person’s ability to sustain himself or herself and any dependants.

 

(6) The letter of employment contemplated in section 22(9) of the Act shall be on a Form substantially corresponding to Form 6 contained in the Annexure.

 

(7) The letter of enrolment at an educational institution contemplated in section 22(9) of the Act shall be on a Form substantially corresponding to Form 7 contained in the Annexure.

 

(8) Any extension of an asylum seeker visa must be made at the Refugee Reception Office where the application was submitted.