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

Regulations

Refugees Regulations, 2018

16. Appeals to Refugee Appeals Authority

 

(1) An appeal in terms of section 24B(1) of the Act must—
(a) be submitted within 10 working days of receipt of the letter of rejection from the Refugee Status Determination Officer;
(b) state the grounds for the appeal; and
(c) be submitted on a Form substantially corresponding to Form 9 (RAA-01) contained in the Rules of the Refugee Appeals Authority.

 

(2) Failure to lodge an appeal as referred to in subregulation (1) shall result in the decision of the Refugee Status Determination Officer being considered as a final decision.

 

(3) An asylum seeker who fails to lodge an appeal within the period referred to in subregulation (1) due to—
(a) institutionalisation;
(b) entry into a Witness Protection Programme;
(c) quarantine;
(d) arrest without bail; or
(e) any other similar compelling reasons,

must make an application for condonation, supported by documentary evidence, in accordance with the Rules of the Refugee Appeals Authority.

 

(4) An asylum seeker who has failed to lodge an appeal or whose appeal has been rejected must be referred to an immigration officer to be dealt with as an illegal foreigner in terms of the provisions of the Immigration Act.

 

(5) Any asylum seeker who, having been called to appear at an appeal determination by the Refugee Appeals Authority, fails to appear at the appointed date and time, may have his or her appeal determined on the basis of documents already before the Refugee Appeals Authority at the discretion of the presiding member of the Refugee Appeals Authority.