Refugees Act, 1998 (Act No. 130 of 1998) Regulations Refugees Regulations, 2018 1. Definitions

 

In these Regulations a word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and unless the context otherwise indicates—

 

"appeal determination"

means a determination by the Refugee Appeals Authority in accordance with section 8C(2) of the Act, either based on oral evidence following an inquisitorial process, or determined on the papers comprising the application for appeal, or both;

 

"appellant"

means a person who, within the stipulated period referred to in regulation 16(1)(a), lodges an appeal to the Refugee Appeals Authority in terms of section 24B(1), based on the outcome of the determination hearing;

 

"educational institution"

in relation to asylum seekers, means a school as defined in the South African Schools Act, 1996 (Act No. 84 of 1996) where basic education is offered;

 

"foreigner"

means any person who is not a citizen of the Republic;

 

"health establishment"

means a health establishment contemplated in section 5 of the Mental Health Care Act, 2002 (Act No. 17 of 2002);

 

"Hearing before Refugee Status Determination Officer"

means one or more interviews between an asylum seeker and a Refugee Status Determination Officer which is recorded either digitally or otherwise, and which is intended to determine whether or not the applicant may be granted refugee status in the Republic as contemplated in section 24(3) of the Act;

 

"Identification Act"

means the Identification Act, 1997 (Act No. 68 of 1997);

 

"marriage certificate"

for purposes of these regulations, means a certificate issued after a marriage is recorded on the National Population Register in accordance with the laws governing marriages in the Republic;

 

"notarial agreement"

means a formal written agreement entered into by two parties to a monogamous homosexual or heterosexual relationship setting out the terms of their relationship and which is notarized by a South African Notary Public;

 

"paternity test"

means a test conducted, using the deoxyribonucleic acid (DNA) of a mother, child and father, to establish whether or not a man or woman is the biological father or mother of such child;

 

"person with mental disability"

means a person who suffers from mental illness as defined in the Mental Health Care Act, 2002 (Act No. 17 of 2002);

 

"South African Passport and Travel Documents Act"

means the South African Passport and Travel Documents Act, 1994 (Act No. 4 of 1994);

 

"the Act"

means the Refugees Act, 1998 (Act No. 130 of 1998); and

 

"unaccompanied child"

means a child under the age of 18 who is not accompanied by his or her biological parents or adoptive parents or legal guardian.