South Africa Act or statute

Parliament of the Republic of South Africa

Refugees Amendment Act

This section amends the Refugees Act by changing several definitions, including biometrics, dependant, manifestly unfounded application, Status Determination Committee, and unfounded application.…

administrative reviewappeals processasylumbirth registrationcommittee governancedecision notificationdecision-making paneldefinitionspublic administrationreception officesrefugee administrationregulatory compliance

Jurisdiction: South Africa
Structure: 15 provisions
Citation: Act 12 of 2011
Dates: Record updated 26 Aug 2011

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Dates: Record updated 26 Aug 2011

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“This section amends the Refugees Act by changing several definitions, including biometrics, dependant, manifestly unfounded application, Status Determination Committee, and unfounded application.”

This section amends the Refugees Act by changing several definitions, including biometrics, dependant, manifestly unfounded application, Status Determination Committee, and unfounded application. This amendment changes the refugee-status exclusion rule so a person does not qualify if the Status Determination Committee has reason to believe the person committed certain serious non-political crimes. This amendment requires each Refugee Reception Office to have at least one Status Determination Committee, and allows that committee to create subcommittees with at least two members. An appeal under subsection (1)(a) must be decided by one member or more members of the Refugee Appeals Authority, and at least one member must be legally qualified. This provision replaces paragraph (f) so that it refers to a political office bearer holding a position in the national executive structure of any political party.

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Section I of the Refugees Act, 1998 (hereinafter referred to as the principal Act),

This section amends the Refugees Act by changing several definitions, including biometrics, dependant, manifestly unfounded application, Status Determination Committee, and unfounded application.

Section 1

Section 8E of the principal Act is hereby amended by the substitution for paragraph

This provision replaces paragraph (f) so that it refers to a political office bearer holding a position in the national executive structure of any political party.

Section 5

Section 24A of the principal Act is hereby arnendcd-

The Director-General must review certain committee decisions and notify the Status Determination Committee of the decision within the prescribed time. The committee must then inform the applicant of the review outcome and consequences.

Section 8

Section 38 of the principal Act is hereby amended by the substitution in subsection

The Act changes the rule on how and when asylum applications that are manifestly unfounded, fraudulent, or abusive must be handled.

Section 12

This Act is called the Refugees Amendment Act, 2011, and comes into operation

This section gives the Act its name and says it starts immediately after the commencement of the Refugees Amendment Act, 2008.

Section 14

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Source record from www.parliament.gov.za · Record updated 26 Aug 2011

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Showing 15 of 15 provisions

Substitution 13Short titleCommencement

§ 1Section I of the Refugees Act, 1998 (hereinafter referred to as the principal Act),Substitution

This section amends the Refugees Act by changing several definitions, including biometrics, dependant, manifestly unfounded application, Status Determination Committee, and unfounded application.

1. Section I of the Refugees Act, 1998 (hereinafter referred to as the principal Act), 5 is hereby amended- ( a) by the substitution for the definition of "biometrics" of the following definition: " 'biometrics' means [the measurable physiological or behavioural characteristics that can be used in verifying the identity of I 0 individuals, and may include the use of] photographs, fingerprints (inc1uding palm prints), hand measurements, signature verification [, facial patterns and] or retinal patterns, that may be used to verify the identity of individuals;"; (b) by the substitution for the definition of "dependant" of the following 15 definition: " 'dependant', in relation to an asylum seeker or a refugee, [includes] means any unmarried dependant child or any destitute, aged or infirm member of the immediate family of such asylum seeker or refugee who is dependent on him or her;"; 20 (c) by the substitution forthe definition of "manifestly unfounded application" of the following definition: " 'manifestly unfounded application' means an application for asy I urn made on grounds other than those contemplated in section 3;"; (d) by the deletion of the definition of "Refugee Status Determination Officer"; 25 4 No. 34560 GOVERNMENT GAZETTE, 26 AUGUST 2011 Att No. 12 of 2011 REFUGEES AMENDMENT ACT, 2011 (e) by the insertion after the definition of "spouse" of the following definition: '' 'Status Determination Committee' means the Status Determination Committee or any of its subcommittees contemplated in section 8(2);"; and If) by the substitution for the definition of "unfounded application" of the 5 following definition: "'unfounded application', in relation to an application for asylum in terms of section 21, means an application[- (a) made on the grounds other than those contemplated in section 3;or (b)] made on the grounds contemplated in section 3, but which is without merit;". Amendment of section 4 of Act 130 of 1998, as amended by section 5 of Act 33 of 2008

Section 1Verify source

§ 2Section 4 of the principal Act is hereby amended-Substitution

This amendment changes the refugee-status exclusion rule so a person does not qualify if the Status Determination Committee has reason to believe the person committed certain serious non-political crimes.

2. Section 4 of the principal Act is hereby amended- ( a) by the substitution in subsection (I) for the words preceding paragraph (a) of the following words: 10 15 "A person does not qualify for refugee status for the purposes of this Act if the [Refugee Status Determination Officer] Status Determination Committee has reason to believe that he or she-"; and 20 (b) by the substitution in subsection (I) for paragraph (b) of the following paragraph: "(b) has committed [a serious non-political crime outside the country of refuge prior to his or her admission to that country as a refugee I a crime which is not of a political nature and which, if 25 committed in the Republic, would be punishable by imprisonment without the option of a fine~ or". Amendment of section 8 of Act 130 of 1998, as amended by section 10 of Act 33 of 2008

Section 2Verify source

§ 3Section 8 of the principal Act is hereby amended-Substitution

This amendment requires each Refugee Reception Office to have at least one Status Determination Committee, and allows that committee to create subcommittees with at least two members.

3. Section 8 of the principal Act is hereby amended- 30 (a) by the substitution for subsection (2) of the following subsection: "(2) Each Refugee Reception Office must consist of at least one Status Determination Committee estab1ished by the Director-General in the prescribed manner to consider and deal with applications for asylum in accordance with section 24: Provided that the Status Determination 35 Committee may establish subcommittees consisting of no less than two members."; and (b) by the deletion of subsection (3). Amendment of section SC of Act 130 of 1998, as inserted by section 11 of Act 33 of 2008 40

Section 3Verify source

§ 4Section 8C of the principal Act is hereby amended by the substitution forSubstitution

An appeal under subsection (1)(a) must be decided by one member or more members of the Refugee Appeals Authority, and at least one member must be legally qualified.

4. Section 8C of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) An appeal contemplated in subsection (I)( a) must be determined by a single member or such number of members of the Refugee Appeals Authority as the chairperson may deem necessary: Provided that at least one of such members is 45 legally qualified.". Amendment of section 8E of Act 130 of 1998, as inserted by section 11 of Act 33 of 2008

Section 4Verify source

§ 5Section 8E of the principal Act is hereby amended by the substitution for paragraphSubstitution

This provision replaces paragraph (f) so that it refers to a political office bearer holding a position in the national executive structure of any political party.

5. Section 8E of the principal Act is hereby amended by the substitution for paragraph If) of the following paragraph: 50 ·'(f) is a political office bearer holding a position in the naLional executive structure of any political party.". 6 No. 34560 GOVERNMENT GAZETTE, 26 AUGUST 2011 Act No. 12 of2011 REFUGEES AMENDMENT ACT, 2011 Amendment of section 21B of Act 130 of 1998, as inserted by section 14 of Act 33 of 2008

Section 5Verify source

§ 6Section 218 of the principal Act is hereby amended by the substitution forSubstitution

Asylum seekers or refugees whose child is born in the Republic must register the child as a dependant and submit the certificate within one month at a Refugee Reception Office.

6. Section 218 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) Any asylum seeker or refugee whose child is born in the Republic must, within one month of the birth of his or her child, register such a child [as a dependant] in terms of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), and submit the certificate issued in terms of that Act at any Refugee Reception Office, to be included as a dependant of such asylum seeker or refugee.". 5 Amendment of section 24 of Act 130 of 1998, as amended by section 17 of Act 33 of 10 2008

Section 6Verify source

§ 7Section 24 of the principal Act is hereby amended-Substitution

This section changes section 24 so the Status Determination Committee handles asylum applications, gives written reasons within five working days if an application is rejected, and rejected asylum seekers are dealt with under the Immigration Act in specified cases.

7. Section 24 of the principal Act is hereby amended- ( a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: "When considering an application for asylum, the [Refugee Status 15 Determination Officer] Status Determination Committee-"; (b) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: "The [Refugee Status Determination Officer] Status Determination Committee must at the conclusion of the hearing conducted in the 20 prescribed manner-"; (c) by the substitution in subsection ( 4) for the words preceding paragraph (a) of the following words: "If an application is rejected in terms of subsection (3)[(b) or] (c), the [Refugee Status Determination Officer] Status Determination Com- 25 mittee must-"; (d) by the substitution in subsection (4) for paragraph (a) of the following paragraph: "(a) furnish the applicant with written reasons within five working days after the date of the rejection; and": and (e) by the substitution for subsection (5) of the following subsection: "(5) (a) An asylum seeker whose application for asylum has been rejected in terms o subsection (3)(b) and confirmed by the Director General in terms of section 24A(3), must be dealt with in terms of the Immigration Act. (h) 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 248(1).". 30 35 Amendment of section 24A of Act 130 of 1998, as inserted by section 19 of Act 33 of 40 2008

Section 7Verify source

§ 8Section 24A of the principal Act is hereby arnendcd-Substitution

8. Section 24A of the principal Act is hereby arnendcd- (a) by the substitution for subsection (I) of the following subsection: "(!) The Director-General must review any decision taken by [a Refugee Status Determination Officer) the Status Determination 45 Committee in terms of section 24(3)(b)."; (b) by the substitution for subsection (4) of the following subsection: "(4) The Director-General must inform the [Refugee Status Deter mination Officer] Status Determination Committee of his or her decision in the prescribed manner and within the prescribed time."; and 50 8 No. 34560 Act No. 12 or2011 REFUGEES AMENDMENT ACT, 2011 GOVERNMENT GAZETTE, 26AUGUST 2011 (c) by the addition of the following subsections: "(5) An application reviewed in terms of this section is deemed to have been finalised upon receipt of the said decision by the applicant in accordance with subsection (6). (6) The Status Determination Committee must, in the prescribed manner, inform the applicant of the outcome of the review and the consequences thereof.". 5 Amendment of section 24B of Act 130 of 1998, as inserted by section 19 of Act 33 of 2008

Section 8Verify source

§ 9Section 248 of the principal Act is hereby amended-Substitution

An asylum seeker whose application was rejected may appeal to the Refugee Appeals Authority. That Authority may then confirm, set aside, or substitute the decision, and must send the matter back if new material information is presented during the appeal.

9. Section 248 of the principal Act is hereby amended- 10 (a) by the substitution for subsection (I) of the following subsection: "(I) Any asylum seeker whose application has been rejected in terms of section 24(3)[(b) or] (c) may lodge an appeal with the Refugee Appeals Authority in the prescribed manner."; (b) by the substitution for subsection (2) of the following subsection: 15 "(2) The Refugee Appeals Authority may, after having determined an appeal, confirm, set aside or substitute any decision taken by a [Refugee Status Determination Officer] Status Determination Committee in terms of section 24(3)[(b) or] (c)."; and (c) by the substitution for subsection (5) of the following subsection: 20 "(5) The Refugee Appeals Authority must refer the matter back to the [Refugee Status Determination Officer] Status Determination Com mittee to deal with such asylum seeker in tenns of this Act if new information, which is material to the application, is presented during the appeal.". 25 Amendment of section 27 of Act 130 of 1998, as substituted by section 21 of Act 33 of2008

Section 9Verify source

§ 10Section 27 of the principal Act is hereby amended by the substitution forSubstitution

This amendment says a person may qualify for permanent residence after 5 years of continuous residence in the Republic from the date asylum was granted, if the Minister certifies they would remain a refugee indefinitely.

10. Section 27 of the principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph: "(c) permanent residence in terms of section 27(d) of the Immigration Act after 30 five years of continuous residence in the Republic from the date on which he or she was granted asylum, if the [Director-General] Minister, after considering all the relevant factors and within a reasonable period of time, certifies that he or she would remain a refugee indefinitely;". Amendment of section 36 of Act 130 of 1998, as amended by section 29 of Act 33 of 35 2008

Section 10Verify source

§ 11Section 36 of the principal Act is hereby amcnded-Substitution

The Minister may withdraw a person's refugee status if the person was recognised as a refugee because of an error, omission, or oversight by the Status Determination Committee, and after considering all relevant facts and the Promotion of Administrative Justice Act.

11. Section 36 of the principal Act is hereby amcnded- (a) by the substitution in subsection (I) for the words preceding paragraph (a) of the following words: "'Subject to the provisions of the Promotion of Administrative Justice 40 Act, 2000 (Act No. 3 of 2000), and after consideration of all the relevant facts, the [Director-General] Minister may withdraw a person's refugee status if such person-"; and (b) by the substitution in subsection (I) for paragraph (b) of the following paragraph: 45 "(b) has been recognised as a refugee due to an error, omis~ion or oversight committed by the [Refugee Status Determination Officer in good faith] Status Determination Committee; or". Amendment of section 38 of Act 130 of 1998, as amended by section 31 of Act 33 of 2008 50

Section 11Verify source

§ 12Section 38 of the principal Act is hereby amended by the substitution in subsectionSubstitution

The Act changes the rule on how and when asylum applications that are manifestly unfounded, fraudulent, or abusive must be handled.

12. Section 38 of the principal Act is hereby amended by the substitution in subsection (I) for paragraph (d) of the following paragraph: "(d) the manner in which and the period within which applications for asylum which are manifestly unfounded, fraudulent or abusive, must be dealt with;".

Section 12Verify source

§ 10No. 34560Substitution

This section heading identifies Section 10 of the Refugees Amendment Act and says it concerns substitution of words in Act 130 of 1998.

10 No. 34560 GOVERNMENT GAZETTE, 26 AUGUST 201 I Act No. 12 or20U REFUGEES AMENDMENT ACT, 201 I Substitution of words in Act 130 of 1998

Section 10Verify source

§ 13The principal Act is hereby amended by the substitution for the words "RefugeeShort title

This section amends the principal Act by replacing the term "Refugee Status Determination Officer" with "Status Determination Committee" wherever it appears.

13. The principal Act is hereby amended by the substitution for the words "Refugee Status Determination Officer", wherever they occur, of the words "Status Determina tion Committee''. Short title and commencement 5

Section 13Verify source

§ 14This Act is called the Refugees Amendment Act, 2011, and comes into operationCommencement

This section gives the Act its name and says it starts immediately after the commencement of the Refugees Amendment Act, 2008.

14. This Act is called the Refugees Amendment Act, 2011, and comes into operation immediately after the commencement of the Refugees Amendment Act, 2008 (Act No. 33 of 2008).

Section 14Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Administrative Justice Act
Section 11
Births and Deaths Registration Act, 1992
Section 6

G–M

1 instrument

Immigration Act
Sections 7, 10

N–S

2 instruments

principal Act
Section 13
Refugees Act, 1998
Section 1

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