Statistics Act, 1999
R 385
Refugees Act, 1998 (Act No. 130 of 1998)RegulationsRefugees Regulations, 201814. Hearing before Refugee Status Determination Officer |
| (1) | Except for cases decided under section 35(1) of the Act, any application for asylum must be determined after an interview before the Refugee Status Determination Officer. |
| (2) | An applicant for asylum must, on any specified date and time, report in person for an interview before the Refugee Status Determination Officer in respect of his or her application. |
| (3) | The Refugee Status Determination Officer must, before the commencement of any hearing, inform the asylum seeker of the procedure to be followed in considering his or her application for asylum. |
| (4) | The proceedings of any interview must be recorded. |
| (5) | During the interview, the Refugee Status Determination Officer may— |
| (a) | require further information, evidence or clarification from the asylum seeker; and |
| (b) | require further information, evidence, clarification or corroboration from any other relevant person, body or source. |
| (6) | In deciding the application, the Refugee Status Determination Officer― |
| (a) | must test any claim made by an applicant for asylum against any information, evidence, research or documents at the disposal of the Refugee Status Determination Officer; |
| (b) | must determine and record the outcome of the application in accordance with section 24(3) of the Act; and |
| (c) | may obtain legal advice, where necessary; |
| (d) | may consider the decisions of the Standing Committee and Refugee Appeals Authority; or |
| (e) | may consider any other relevant information. |
| (7) | The record of the interview and a copy of the reasons referred to in section 24(3)(b) of the Act must, within five working days of the date of rejection, be submitted to the Standing Committee for review in terms of section 24A of the Act. |
| (8) | Any asylum seeker must report in person to the Refugee Reception Office where his or her application for asylum was made, to receive, in writing, the outcome of his or her application. |
