Refugees Act, 1998 (Act No. 130 of 1998)RulesThe Refugee Appeals Authority of South Africa Rules, 2013 as amended12. Non-appearance of Appellant |
| (1) | Where an Appellant is duly served with a notice of hearing in terms of Rule 10 but fails to attend the hearing and has neither notified the Refugee Appeals Authority of South Africa nor given any satisfactory explanation, the Refugee Appeals Authority of South Africa may consider the appeal on paper subject to Rule 12(2). |
| (2) | Where an appellant fails to attend a hearing as set out in Rule 12(1), the appellant may within 30 days of the scheduled hearing provide and serve in terms of Rule 5 the Refugee Appeals Authority of South Africa with reasons for no-appearance in writing. |
| (3) | In exercising its discretion whether or not to grant a hearing of the appeal, the Refugee Appeals Authority of South Africa shall give due consideration to the reasons for failure to appear as scheduled. |
| (4) | Where a member decides to make a determination on paper, the appellant must be provided with a notification of his/her decision and be given an opportunity to provide an additional affidavit within 10 days. |
| (5) | The affidavit referred above may contain additional information for the member to consider before finalizing the matter. |
[Rule 12 substituted by section 12(a-b) of Notice No. 1234, GG 43913, dated 20 November 2020]