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

Regulations

Refugees Regulations, 2018

23. Withdrawal of refugee status

 

(1) Before refugee status may be withdrawn in terms of section 36(1) of the Act, the Standing Committee must provide written notice to the refugee indicating―
(a) the intention of the Standing Committee to withdraw his or her status;
(b) the reasons for the intended withdrawal; and
(c) that he or she has the right to make written representations to the Standing Committee within 30 calendar days of the date of receipt of the notice.

 

(2) Upon receipt of representations from a refugee, the Standing Committee may—
(a) uphold the refugee status; or
(b) withdraw the refugee status and notify the Head of a Refugee Reception Office who must refer the matter to an immigration officer for purposes of detention and deportation of such person in terms of the provisions of the Immigration Act.

 

(3) Following an order by the Minister in terms of section 36(3) of the Act, the Standing Committee must cause a notice to be published in the Gazette calling on the affected refugees to make representations as to why their refugee status should not be withdrawn within the period indicated in the said notice.

 

(4) The Standing Committee may, notwithstanding the order from the Minister, after considering the representations referred to in subregulation (4),—
(a) confirm the withdrawal of the refugee status;
(b) decide not to withdraw the refugee status on humanitarian grounds; or
(c) certify a refugee as contemplated in section 27(c) of the Act.

 

(5) The humanitarian grounds referred to in subregulation (5) shall include―
(a) a child who has no relatives or extended family in his or her country of origin;
(b) a person who is receiving life-saving medical treatment which is unavailable in his or her country of origin; or
(c) any other similar grounds.

 

(6) If a refugee fails to make representations within the period mentioned in subregulation (1) or (3), his or her refugee status shall automatically lapse and he or she will be regarded as an illegal foreigner and be dealt with in terms of the Immigration Act.