| (1) |
The existence of a marriage contemplated in paragraph (b) of the definition of "spouse" in section 1 of the Act must be proved, to the satisfaction of the Director-General, by a party to that marriage. |
| (2) |
In determining the authenticity of a marriage declared at the time of making an application for asylum, the Refugee Status Determination Officer or any other authorised official of the Department must— |
| (a) |
authenticate the marriage certificate; and |
| (b) |
conduct an interview with both the parties to the marriage to ascertain the existence of a genuine marriage relationship. |
| (3) |
Notwithstanding subregulation 2(a), where a marriage was concluded outside of the Republic, and where an original marriage certificate is unavailable, the parties to such a marriage shall submit an affidavit indicating the vital details of their marriage, including the date and place of the solemisation of the marriage, prior to being interviewed as contemplated in subregulation 2(b). |
| (4) |
When conducting the interview contemplated in subregulation 2(b) both parties must be interviewed separately, on the same date, by the same Refugee Status Determination Officer or other authorized official to determine the existence of a genuine marriage relationship, and the outcome of such interviews shall, notwithstanding the production of an authentic marriage certificate or affidavit, be regarded as definitive for the purposes of the relevant application. |
| (5) |
Either spouse to a marriage must— |
| (a) |
in the case of divorce, submit a copy of the divorce order; or |
| (b) |
in the case of death, submit a copy of the death certificate, |
in person to the Refugee Reception Office within six months of the occurrence of the relevant event, failing which any dependant spouse may be dealt with as an illegal foreigner in terms of the provisions of the Immigration Act.
| (6) |
Any person contemplated in section 21B(4) of the Act may, upon providing the notification as required in subregulation (5), forthwith apply to continue to remain in the Republic for a period coinciding with the remaining period of his or her asylum seeker visa or certificate of refugee status and in accordance with Form 2 (DHA-1590) and must forthwith, notwithstanding the provisions of section 21(1)(a) of the Act,─ |
| (a) |
apply in person for asylum at the Refugee Reception Office where his or her asylum seeker visa or certificate of refugee status was issued; or |
failing which such person must be dealt with as an illegal foreigner in terms of the provisions of the Immigration Act.
| (7) |
Both parties to a marriage who have been issued with an asylum seeker visa or granted refugee status in terms of the Act must, at the renewal of his or her asylum seeker visa or refugee status, as the case may be, inform the Refugee Status Determination Officer whether or not the marriage still exists by submitting to the Refugee Status Determination Officer an affidavit on a Form substantially corresponding to Form 1 contained in the Annexure. |
Mandating Procedures of Provinces Act, 2008
