Refugees Act, 1998 (Act No. 130 of 1998)Chapter 1 : Interpretation, Application and Administration of Act1. Definitions |
In this Act, unless the context indicates otherwise—
means an application for asylum made—
| (a) | with the purpose of defeating or evading criminal or civil proceedings or the consequences thereof; or |
| (b) | after the refusal of one or more prior applications without any substantial change having occurred in the applicant’s personal circumstances or in the situation in his or her country of origin; |
means the Aliens Control Act, 1991 (Act No. 96 of 1991);
means the Refugee Appeal Board, established by section 12;
means refugee status recognised in terms of this Act;
means a person who is seeking recognition as a refugee in the Republic;
means a visa contemplated in section 22;
[Definition substituted by section 1(a) of Notice No. 1452, GG 41343, dated 18 December 2017]
means photographs, fingerprints (including palm prints), hand measurements, signature verification, or retinal patterns, that may be used to verify the identity of individuals;
means any person under the age of 18 years;
means a magistrate’s court;
means the Department of Home Affairs;
in relation to an asylum seeker or a refugee, means any unmarried minor dependant child,whether born prior to or after the application for asylum, a spouse or any destitute, aged or infirm parent of such asylum seeker or refugee who is dependent on him or her, and who is included by the asylum seeker in the application for asylum or, in the case of a dependant child born after the application for asylum, is registered in terms of section 21B(2);
[Definition substituted by section 1(b) of Notice No. 1452, GG 41343, dated 18 December 2017]
means the Director-General of the Department;
means an application for asylum based without reasonable cause on information, documents or representations which the applicant knows to be false and are intended to materially affect the outcome of the application;
[Definition deleted by section 1(c) of Notice No. 1452, GG 41343, dated 18 December 2017]
means the Immigration Act, 2002 (Act No. 13 of 2002);
means an application for asylum made on grounds other than those contemplated in section 3;
means—
| (a) | either a marriage or a civil partnership concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006); |
| (b) | a marriage concluded in terms of— |
| (i) | the Marriage Act, 1961 (Act No. 25 of 1961); or |
| (ii) | the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998); or |
| (c) | a marriage concluded in terms of the laws of a foreign country; or |
[Definition substituted by section 1(d) of Notice No. 1452, GG 41343, dated 18 December 2017]
means the Minister of Home Affairs;
means prescribed by regulation;
means any person who has been granted asylum in terms of this Act;
means the Refugee Appeals Authority established in terms of section 8A;
means a Refugee Reception Office established under section 8(1);
means a Refugee Reception Officer referred to in section 8(2);
means an officer referred to in section 8(2);
[Definition inserted by section 1(e) of Notice No. 1452, GG 41343, dated 18 December 2017]
means any regulation made under this Act;
means a status recognised by competent authorities of a particular country that affords a person the right to sojourn in that country with the rights and obligations attached thereto;
means the rules made by the Appeal Board under section 14(2);
includes a group of persons of particular gender, sexual orientation, disability, class or caste;
means a person who is a party to-
| (a) | a marriage as defined in terms of this Act; or |
| (b) | a permanent homosexual or heterosexual relationship as prescribed; |
means the Standing Committee for Refugee Affairs, established by section 9A;
[Definition inserted by section 1(f) of Notice No. 1452, GG 41343, dated 18 December 2017]
[Definition deleted by section 1(g) of Notice No. 1452, GG 41343, dated 18 December 2017]
includes the regulations made in terms of this Act;
in relation to an application for asylum in terms of section 21, means an application-
| (a) | made on the grounds other than those contemplated in section 3; or |
| (b) | made on the grounds contemplated in section 3, but which is without merit; |
means the United Nations High Commissioner for Refugees.