Draft Refugees Regulations Drawn Up

Department of Home Affairs

Draft regulations that provide for asylum seekers to produce affidavits as proof of marriage have been published for comment.

The Draft Refugees Regulations were published in Government Gazette 41738.

They were drawn up in terms of the Refugees Act.

An affidavit can be provided to a Refugee Status Determination Officer in cases where a marriage was conducted outside of South Africa and no marriage certificate can be produced as proof thereof.

Comment is also sought on the draft rules of the standing committee for refugee affairs.

The draft regulations focus on, inter alia, verification of marriage, permanent homosexual or heterosexual relationship, cessation of refugee status, standing committee for refugee affairs, integrity measures, application for asylum, abandoned application, asylum seeker visa, determination hearing, appeals to refugee appeals authority, identity document, travel documents for refugees and withdrawal of refugee status.

Prior to the withdrawal of refugee status, the standing committee must inform the refugee in writing of its intention to withdraw the status, reasons for the intended withdrawal and the right to make written representations to the committee within 30 calendar days of the date of receipt of the notice.

As regards the review of applications, the standing committee must inform the Refugee Reception Office of its decision to review an application and record the decision on the asylum seekers and refugees management system.

In cases where cabinet decides to cease recognition of a refugee or group of refugees, the home affairs minister will order the standing committee to publish a notice in the Gazette calling on the refugee or refugees concerned to make representations as to why they should not be removed from South Africa.

Asylum seekers are also expected to be in possession at all times of the original visa issued as proof of legal status in South Africa.

Written comment is invited until 17 July 2018.

Sabinet Cape Town Office