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

Chapter 6 : Supplementary and General Provisions

36. Withdrawal of refugee status

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(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(4)A person whose refugee status is withdrawn in terms of subsection (1) or (3) must be dealt with as an illegal foreigner in terms of section 32 of the Immigration Act.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]