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

Regulations

Refugees Regulations, 2018

4. Cessation of refugee status

 

(1) The circumstances as contemplated in section 5(1)(a) of the Act in terms of which a person may be deemed to have re-availed himself or herself of the protection of the country of his or her origin, nationality or residence shall, amongst others, relate to where such person voluntarily―
(a) seeks consular services at any diplomatic mission representing his or her country of origin or nationality;
(b) applies for any assistance or official document, such as a travel document or citizenship related document, at any diplomatic mission representing his or her country of origin or nationality whether in the Republic or any other country;
(c) avails himself or herself of any assistance of any State official or State institution associated with or in his or her country of origin or nationality;
(d) presents himself or herself on the premises of any diplomatic mission representing his or her country of origin or nationality in the Republic or in any other territory;
(e) travels abroad other than with a refugee travel document issued in terms of section 31 of the Act;
(f) applies for and receives any benefit afforded to citizens of his or her country of nationality;
(g) stands for political office or votes in any election in respect of his or her country of nationality, without the approval of the Minister;
(h) whether through a port of entry of or irregularly enters the territory of his or her country of origin or nationality or countries where he or she previously resided prior to entering the Republic to apply for asylum or takes measures or prepares to do so;
(i) participates in any political campaign or activity related to his or her country of origin or nationality whilst in the Republic without the permission of the Minister; or
(j) travels abroad in violation of the conditions endorsed on his or her refugee travel document.

 

(2) No refugee or asylum seeker may participate in any political activity or campaign in furtherance of any political party or political interests in the Republic.

 

(3) The Standing Committee may withdraw the refugee status of any person who participated in any political activity or campaign in furtherance of any political party or political interests in the Republic, or who has been found to have acted as contemplated in subregulation (1).

 

(4) Any person whose refugee status has been withdrawn shall be dealt with as an illegal foreigner in terms of the provisions of the Immigration Act.