| (1) |
The existence of a permanent homosexual or heterosexual relationship 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 relationship. |
| (2) |
The onus rests with any person claiming a permanent homosexual or heterosexual relationship to produce evidence of the existence of such permanent relationship in regard to subregulation (1). |
| (3) |
In determining the authenticity of a permanent homosexual or heterosexual relationship declared at the time of submitting an application for asylum, the Refugee Status Determination Officer or any other authorized official of the Department must— |
| (a) |
authenticate the notarial agreement signed by both parties; and |
| (b) |
conduct an interview with both parties to the relationship to determine the existence of a genuine permanent relationship. |
| (4) |
When conducting the interview contemplated in subregulation 3(b) both parties must be interviewed separately, on the same date, by the same Refugee Status Determination Officer or other authorized official and the determination made arising from such interview, shall, notwithstanding the production of an authentic notarial agreement, be definitive for the purposes of the relevant application. |
| (5) |
Both parties to a homosexual or heterosexual relationship 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 good faith relationship still exists by submitting to the Refugee Status Determination Officer an affidavit on a Form substantially corresponding to Form 1 contained in the Annexure. |
| (6) |
Either party to a permanent homosexual or heterosexual relationship must— |
| (a) |
in the case of termination of relationship, submit an affidavit indicating that the relationship has been terminated; and |
| (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.
| (7) |
The provisions of regulation 2(6) shall apply mutatis mutandis to a dependent spouse in a permanent heterosexual or homosexual relationship. |
Mandating Procedures of Provinces Act, 2008
