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

Chapter 3 : Application for Asylum

21A. Unaccompanied child and person with mental disability

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(1)Any unaccompanied child who is found under circumstances that clearly indicate that he or she is an asylum seeker and a child in need of care contemplated in the Children’s Act, 2005 (Act No. 38 of 2005), must—
(a)be issued with an asylum seeker visa in terms of section 22; and
(b)in the prescribed manner, be brought before the Children’s Court in the district in which he or she was found, to be dealt with in terms of the Children’s Act, 2005.

 

(2)Any person reasonably suspected to have a mental disability who is found under circumstances that clearly indicate that he or she is an asylum seeker, must—

[Words preceding section 21A(2)(a) substituted by section 16 of Notice No. 1452, GG 41343, dated 18 December 2017]

(a)be issued with an asylum seeker permit in terms of section 22; and
(b)in the prescribed manner, be referred to a health establishment contemplated in the Mental Health Care Act, 2002 (Act No. 17 of 2002), to be dealt with in terms of that Act.