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

Chapter 3 : Application for Asylum

21B. Spouse and dependants of asylum seekers and refugees
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(1)A person who applies for refugee status in terms of section 21 and who would like one or more of his or her spouse and dependants to be granted refugee status must, when applying for asylum, include the details of such spouse and dependants in the application.

 

(2)Any asylum seeker or refugee whose child is born in the Republic must, within one month of the birth of his or her child, register such a child in terms of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), and submit the certificate issued in terms of that Act at any Refugee Reception Office, to included as a dependant of such asylum seeker or refugee.

 

(2A)Any child of an asylum seeker born in the Republic and any person included as a dependant of an asylum seeker in the application for asylum has the same status as accorded to such asylum seeker.

[Section 21B(2A) inserted by section 17(a) of Notice No. 1452, GG 41343, dated 18 December 2017]

 

(3)Where a dependant of a recognised refugee ceases to be a dependant by virtue of marriage or cessation of his or her dependence upon the recognised refugee, as the case may be, he or she may apply in the prescribed manner to be permitted to continue to remain within the Republic in accordance with the provisions of this Act.

[Section 21B(3) substituted by section 17(b) of Notice No. 1452, GG 41343, dated 18 December 2017]

 

(3A)Where a dependant of an asylum seeker ceases to be a dependant by virtue of marriage or cessation of his or her dependence upon the asylum seeker, as the case may be, he or she may apply for asylum himself or herself in accordance with the provisions of this Act.

[Section 21B(3A) inserted by section 17(c) of Notice No. 1452, GG 41343, dated 18 December 2017]

 

(4)Where a spouse of a recognised refugee is within the Republic in accordance with an asylum seeker permit or has been granted asylum in terms of this Act and ceases to be the spouse as a result of divorce or death of the recognised refugee, as the case may be, he or she may be permitted to continue to remain within the Republic in accordance with the provisions of this Act: Provided that, in the case of divorce, the Director-General is satisfied that a good faith spousal relationship existed between the recognised refugee and such spouse for a period of at least two years after having been granted asylum.

 

(5)Nothing contained in this Act prevents a dependant who has, in terms of subsection (3), been permitted to continue to remain in the Republic from applying for recognition as a refugee in accordance with the provisions of this Act.