Refugees Act, 1998 (Act No. 130 of 1998)Chapter 3 : Application for Asylum21. Application for asylum |
| (1) |
| (a) | Upon reporting to the Refugee Reception Office within five days of entry into the Republic, an asylum seeker must be assisted by an officer designated to receive asylum seekers. |
| (b) | An application for asylum must be made in person in accordance with the prescribed procedures to a Refugee Status Determination Officer at any Refugee Reception Office or at any other place designated by the Director-General by notice in the Gazette. |
[Section 21(1) substituted by section 15(a) and of Notice No. 1452, GG 41343, dated 18 December 2017]
| (1A) | Prior to an application for asylum, every applicant must submit his or her biometrics or other data, as prescribed, to an immigration officer at a designated port of entry or a Refugee Reception Office. |
[Section 21(1A) inserted by section 15(b) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (1B) | An applicant who may not be in possession of an asylum transit visa as contemplated in section 23 of the Immigration Act, must be interviewed by an immigration officer to ascertain whether valid reasons exist as to why the applicant is not in possession of such visa. |
[Section 21(1B) inserted by section 15(b) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (1C) | The Director-General may, by notice in the Gazette, require any category of asylum seekers to report to any particular or designated Refugee Reception Office or other place specially designated as such when lodging an application for asylum, if the Director-General considers it necessary for the proper administration of this Act. |
[Section 21(1C) inserted by section 15(b) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (1D) | For purposes of subsection (1C), a category of asylum seekers refers to asylum seekers from a particular country of origin or geographic area or of a particular gender, religion, nationality, political opinion or social group. |
[Section 21(1D) inserted by section 15(b) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (2) | The Refugee Status Determination Officer must, upon receipt of the application contemplated in subsection (1), deal with such application in terms of section 24. |
[Section 21(2) substituted by section 32(c) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (2A) | When making an application for asylum, every applicant must declare all his or her spouses and dependants, whether in the Republic or elsewhere, in the application for asylum. |
[Section 21(2A) inserted by section 15(c) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (3) | When making an application for asylum, every applicant, including his or her spouse and dependents, must have his or her biometrics taken in the prescribed manner. |
| (4) | Notwithstanding any law to the contrary, no proceedings may be instituted or continued against any person in respect of his or her unlawful entry into or presence within the Republic if— |
| (a) | such person has applied for asylum in terms of subsection (1), until a decision has been made on the application and, where applicable, such application has been reviewed in terms of section 24A or where the applicant exercised his or her right to appeal in terms of section 24B; or |
[Section 21(4) substituted by section 15(d) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (b) | such person has been granted asylum. |
| (5) | The confidentiality of asylum applications and the information contained therein must be ensured at all times, except that the Refugee Appeals Authority may, on application and on conditions it deems fit, allow any person or the media to attend or report on its hearing if— |
| (a) | the asylum seeker gives consent; or |
| (b) | the Refugee Appeals Authority concludes that it is in the public interest to allow any person or the media to attend or report on its hearing, after taking into account all relevant factors, including— |
| (i) | the interests of the asylum seeker in retaining confidentiality; |
| (ii) | the need to protect the integrity of the asylum process; |
| (iii) | the need to protect the identity and dignity of the asylum seeker; |
| (iv) | whether the information is already in the public domain; |
| (v) | the likely impact of the disclosure on the fairness of the proceedings and the rights of the asylum seeker; and |
| (vi) | whether allowing any person or the media access to its proceedings or allowing the media to report thereon would pose a credible risk to the life or safety of the asylum seeker or of his or her family, friends or associates. |
[Section 21(5) substituted by section 1 of Act No. 10 of 2015, GG 39234, dated 25 September 2015]
| (6) | An application for asylum, which is found to contain false, dishonest or misleading information, whether by a Refugee Status Determination Officer, when considering the application, the Standing Committee, when reviewing, monitoring or supervising a decision or the Refugee Appeals Authority, when adjudicating an appeal, must be rejected. |
[Section 21(6) inserted by section 15(e) of Notice No. 1452, GG 41343, dated 18 December 2017]
| (7) | It is presumed that a person who has indicated a language of preference in an application for asylum, understands and is proficient in such language. |
[Section 21(7) inserted by section 15(e) of Notice No. 1452, GG 41343, dated 18 December 2017]