[Section 22 heading substituted by section 18 of Notice No. 1452, GG 41343, dated 18 December 2017]
| (1) |
An asylum seeker whose application in terms of section 21(1) has not been adjudicated, is entitled to be issued with an asylum seeker visa, in the prescribed form, allowing the applicant to sojourn in the Republic temporarily, subject to such conditions as may be imposed, which are not in conflict with the Constitution or international law. |
| (2) |
Upon the issue of a visa in terms of subsection (1), any previous visa issued to the applicant in terms of the Immigration Act becomes null and void and must be returned to the Director-General for cancellation. |
| (3) |
The visa referred to in subsection (1) must contain the biometrics of the holder thereof. |
| (4) |
The visa referred to in subsection (1) may, pending the decision on the application in terms of section 21, from time to time be extended for such period as may be required. |
| (5) |
The Director-General may at any time prior to the expiry of an asylum seeker visa withdraw such visa in the prescribed manner if— |
| (a) |
the applicant contravenes any condition endorsed on that visa; |
| (b) |
the application for asylum has been found to be manifestly unfounded, abusive or fraudulent; |
| (c) |
the application for asylum has been rejected; or |
| (d) |
the applicant is or becomes ineligible for asylum in terms of section 4 or 5. |
| (6) |
An asylum seeker may be assessed to determine his or her ability to sustain himself or herself, and his or her dependants, either with or without the assistance of family or friends, for a period of at least four months. |
| (7) |
If, after assessment, it is found that an asylum seeker is unable to sustain himself or herself and his or her dependants, as contemplated in subsection (6), that asylum seeker may be offered shelter and basic necessities provided by the UNHCR or any other charitable organisation or person. |
| (8) |
The right to work in the Republic may not be endorsed on the asylum seeker visa of any applicant who— |
| (a) |
is able to sustain himself or herself and his or her dependants, as contemplated in subsection (6); |
| (b) |
is offered shelter and basic necessities by the UNHCR or any other charitable organisation or person, as contemplated in subsection (7); or |
| (c) |
seeks to extend the right to work, after having failed to produce a letter of employment as contemplated in subsection (9): Provided that such extension may be granted if a letter of employment is subsequently produced while the application in terms of section 21 is still pending. |
| (9) |
In the event that the right to work or study is endorsed on the asylum seeker visa, the relevant employer, in the case of a right to work, and the relevant educational institution, in the case of a right to study, must furnish the Department with a letter of employment or of enrolment at the educational institution, as the case may be, in the prescribed form within a period of 14 days from the date of the asylum seeker taking up employment or being enrolled, as the case may be. |
| (10) |
An employer or educational institution contemplated in subsection (9) who or which fails to comply with the duty imposed in that subsection, or fraudulently issues the letter contemplated in that subsection, is guilty of an offence and liable upon conviction to a fine not exceeding R20 000. |
| (11) |
The Director-General must revoke any right to work as endorsed on an asylum seeker visa if the holder thereof is unable to prove that he or she is employed after a period of six months from the date on which such right was endorsed. |
| (12) |
The application for asylum of any person who has been issued with a visa contemplated in subsection (1) must be considered to be abandoned and must be endorsed to this effect by the Standing Committee on the basis of the documentation at its disposal if such asylum seeker fails to present himself or herself for renewal of the visa after a period of one month from the date of expiry of the visa, unless the asylum seeker provides, to the satisfaction of the Standing Committee, reasons that he or she was unable to present himself or herself, as required, due to hospitalisation or any other form of institutionalisation or any other compelling reason. |
| (13) |
An asylum seeker whose application is considered to be abandoned in accordance with subsection (12) may not re-apply for asylum and must be dealt with as an illegal foreigner in terms of section 32 of the Immigration Act. |
| (14) |
Any person who fails to return a visa in accordance with subsection (2), or fails to comply with any condition set out in a visa issued in terms of this section, or is in possession of an expired visa, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment. |
[Section 22 substituted by section 18 of Notice No. 1452, GG 41343, dated 18 December 2017]
Stamp Duties Act, 1968 (Act 77 of 1968)
