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

Rules

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

3. Authority of the Refugee Appeals Authority of South Africa and General Powers

[Rule 3 heading substituted by section 3(a) of Notice No. 1234, GG43913, dated 20 November 2020]

 

(1) In exercising its authority pursuant to section 8C of the Act, the Refugee Appeals Authority of South Africa may:
(a) set or postpone the time and venue fixed for the hearing of an appeal;
(b) convene for meetings as required by the chairperson with minimum of two meetings per annum;
(c) give directions to any party to the appeal on any matter within its jurisdiction arising in connection with an appeal;
(d) at any time request any party to the appeal to furnish any particulars which may be relevant requisite for the determination of an appeal; thereupon that party shall direct the particulars to the Refugee Appeals Authority of South Africa within a period agreed by the parties, which may not be longer than 30 days, failing which the matter will be finalized unless agreed otherwise;
(e) postponed the hearing for any evidence or representations for the consideration of an appeal to such date as the Refugee Appeals Authority of South Africa may determine; and

 

(2) If for any reason the Chairperson of the Refugee Appeals Authority of South Africa is unavailable to convene or attend any meeting of the Refugee Appeals Authority of South Africa, the Chairperson may designate one of the members of the Refugee Appeals Authority of South Africa to act as presiding officer.

 

(3) In the event of the Refugee Appeals Authority of South Africa setting aside the decision of a Refugee Status Determination Officer, the matter may be referred back to the Refugee Status Determination Officer for determination. (deletion of sub-rule 2 and 3) The decision to refer the matter back to the RSDO shall be accompanied by reasons and the appellant shall be afforded the opportunity object, which objection must be considered.

 

[Rule 3 substituted by section 3(a-g) of Notice No. 1234, GG43913, dated 20 November 2020]