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

Rules

The Refugee Appeals Authority of South Africa Rules, 2013 as amended

4. Lodging an Appeal

 

(1) An appeal in terms of section 24B of the Act shall be lodged within 10 days. Such appeal shall be lodged at the Refugee Appeals Authority of South Africa or at the Refugee Reception Office where the letter of rejection was issued by the Refugee Status Determination Officer or by email to an email address designated by the Refugee Appeals Authority of South Africa for that purpose in the practice note.

 

(2) The notice of appeal shall be in the form RAA(01) as prescribed in the Regulations and shall include:—
(a) the full name, current address, date of birth and nationality of the Appellant.
(b) an affidavit in which the reasons for appeal are set out and documents or certified copies thereof on which the Appellant seeks to rely; and such documents must be in duplicate;
(c) the signature of the Appellant and in the case of a minor or a person who is incapable of acting on his or her own behalf, the signature of the Guardian/Curator acting on behalf of the Appellant.

 

(3) The designated Appeal Clerk shall record on the notice of appeal the date of lodgment of the notice of appeal.

 

(4) The designated Appeal Clerk shall submit the notice of appeal together with copies of the relevant file to the Refugee Appeals Authority of South Africa within 10 days after the notice of appeal is lodged.

 

(5)
(a) Where good cause is shown the Refugee Appeals Authority of South Africa may condone non-compliance with the 10 day period provided in Rule 4(1). The Refugee Appeals Authority of South Africa will determine condonation together with the appeal;
(b) Where an appellant lodges a notice of appeal after the expiry of the period stipulated in Rule 4, the Appellant must serve an affidavit with the notice of appeal showing good cause for the delay, supported by documentary evidence where appropriate;
(c) The designated Appeal Clerk must submit the documents referred in sub-rule 5(b) to the Refugee Appeals Authority of South Africa within 10 days of receipt.

 

[Rule 4 substituted by section 4(a-b) of Notice No. 1234, GG43913, dated 20 November 2020]