Refugees Act, 1998 (Act No. 130 of 1998)Chapter 6 : Supplementary and General Provisions36. Withdrawal of refugee status |
| (1) | Subject to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and after consideration of all the relevant facts, the Standing Committee may withdraw a person’s refugee status if— |
| (a) | such person has been recognised as a refugee due to fraud, forgery or false or misleading information of a material or substantive nature in relation to the application; |
| (b) | such person has been recognised as a refugee due to an error, omission or oversight; or |
| (c) | such person ceases to qualify for refugee status in terms of section 5. |
| (2) | The Standing Committee must, in the prescribed manner, inform each affected person contemplated in subsection (1) of its intention to withdraw his or her status as a refugee, as well as the reasons for the withdrawal and such person may, within the prescribed period, make a written submission with regard thereto: Provided that no such notice is required if the withdrawal is requested by the refugee concerned. |
| (3) | In the event that the Minister has issued an order to cease the recognition of refugee status in respect of a category of refugees, the Standing Committee must implement such resolution by withdrawing the refugee status of such category as a whole by notice in the Gazette. |
| (4) | A person whose refugee status is withdrawn in terms of subsection (1) or (3) must be dealt with as an illegal foreigner in terms of section 32 of the Immigration Act. |
[Section 36 substituted by section 27 of Notice 1452, GG 41343, dated 18 December 2017]