Acts Online
GT Shield

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

Chapter 3 : Application for Asylum

24. Decision regarding application for asylum

 

(1) [Section 24(1) deleted by Refugees Amendment Act No. 33 of 2008].

 

(2) When considering an application for asylum, the Refugee Status Determination Officer—

[Words preceding section 24(2)(a) substituted by section 20(a) of Notice No. 1452, GG 41343, dated 18 December 2017]

(a) must have due regard to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and in particular ensure that the applicant fully understands the procedures, his or her rights and responsibilities and the evidence presented.
(b) may consult with or invite a UNHCR representative to furnish information on specified matters.

 

(3) The Refugee Status Determination Officer must at the conclusion of the hearing conducted in the prescribed manner, but subject to monitoring and supervision, in the case of paragraphs (a) and (c), and subject to review, in the case of paragraph (b), by any member of the Standing Committee designated by the chairperson for this purpose—

[Words preceding section 24(3)(a) substituted by section 20(b) of Notice No. 1452, GG 41343, dated 18 December 2017]

(a) grant asylum;
(b) reject the application as manifestly unfounded, abusive or fraudulent; or
(c) reject the application as unfounded.

 

(4) If an application is rejected in terms of subsection (3)(b) or (c), the Refugee Status Determination Officer must—

[Words preceding section 24(4)(a) substituted by section 20(c) of Notice No. 1452, GG 41343, dated 18 December 2017]

(a) furnish the applicant with written reasons within five working days after the date of the rejection; and
(b) Inform the applicant of his or her right to appeal in terms of section 24B.

 

(5)
(a) An asylum seeker whose application for asylum has been rejected in terms of subsection 3(b) and confirmed by the Standing Committee in terms of section 24A(2), must be dealt with as an illegal foreigner in terms of section 32 of the Immigration Act;

[Section 24(5)(a) substituted by section 20(d) of Notice No. 1452, GG 41343, dated 18 December 2017]

(b) An asylum seeker whose application for asylum has been rejected in terms of subsection (3)(c), must be dealt with in terms of the Immigration Act, unless he or she lodges an appeal in terms of section 24B(1).

 

(6) [Section 24(6) deleted by section 20(e) of Notice No. 1462, GG 41343, dated 18 December 2017]