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Refugee Appeals Authority Rules Amended

March 6, 2020

Department of Home Affairs

Refugee Appeals Authority of South Africa Rules have been amended.

The home affairs department published the amended rules in Government Gazette 43067.

Reference to “Appeal Board” is replaced by “Refugee Appeals Authority of South Africa”.

Also inserted is the word “’Member’ as a legally qualified adjudicator appointed by the Minister of Home Affairs and designated in terms of section 8B(i)(b) of the Act”.

Amendments are introduced, inter alia, to rule 3 on the Authority of the Refugee Appeals Authority of South Africa and General Powers; Rule 4 on lodging an appeal; Rule 5 on service of documents; Rule 7 on parties to the appeal; rule 8 on change in address; rule 9 on right to representation; rule 10 on notification of appeal determination; rule 14 on closed proceedings; rule 16 on consolidated proceedings; rule 18 on cancellation of appeal and rule 20 on correction of errors.

Parties to an appeal have 30 days in which to submit particulars to the Refugee Appeals Authority.

Appeals must be lodged within ten days with the Refugee Appeals Authority 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 for that purpose.

Where an appellant lodges a notice of appeal after the expiry of the ten-day period, the appellant must serve an affidavit with the notice of appeal with reasons for the delay.

Applications for postponement of an appeal hearing must be done in person by the appellant or his/her representative on the date of the scheduled hearing before the appointed member or members concerned.

Where an appellant fails to attend a hearing as set out in Rule 12(1), the appellant may within 10 days of the scheduled hearing write to the Refugee Appeals Authority requesting condonation.

Appeals may on application be reheard where the party fails to appear for a scheduled hearing and complies with the provisions of rule 12 or where judicial review has been instituted and a settlement agreement has been reached as per a decision of the High Court.

In terms of rule 21, the confidentiality of the information given to the Refugee Appeals Authority ends when the documents have been issued at the request of the appellant or his/her duly appointed legal representative.