DEPARTMENT OF HOME AFFAIRS No.
In the exercise of the powers conferred by section 14(2) of the Refugees Act, 1998 (Act No. 130 of 1998), the Refugee Appeal Board has amended Rules.
To amend the Refugee Appeal Board Rules, 2003, so as to amend, insert and delete certain provisions and to provide for matters connected therewith.
"(a) day means a calendar day including Saturdays, Sundays and public holidays; and."
"3}. In the event of the Appeal Board setting aside the decision of a Refugee Status Determination Officer. the matter may be referred back to the Refugee Status Determination Officer."
Amendment of Rule 4 of the principal Refugee Appeal Board Rules, 2003 3.
an affidavit in which the reasons for appeal are set out and documents or certified copies thereof on which the Appellant seeks to rely; and such documents must be in duplicate.
The designated Appeal Clerk Refugee Reception Officer} shall record on the notice of appeal the date of lodgement of the notice of appeal.
The designated Appeal Clerk [Refugee Reception Officer] shall submit the notice of appeal together with copies of relevant documentation to the Appeal Board within 10 days after the notice of appeal is lodged.
4(1) [and Rule 4(2}].
Deletion of sub-rule 6 of the principal Rules.
Amendment of Rule 6(1) and (2) of the Refugee Appeal Board Rules, 2003 4.
Where an Appellant lodges a notice of appeal after the expiry of the period stipulated in Rule 4, the Appellant must serve [a written explanation] an affidavit with the notice of appeal showing good cause for the delay, supported by documentary evidence where appropriate.
Repeal of sub-rule 3 and 4 of Rule 6 of the Refugee Appeal Board Rules, 2003 5. Sub-rules 3 and 4 of the principal Rules are hereby repealed.
Amendment of Rule 7 of the Refugee Appeal Board Rules, 2003 6. Rule 7 of the principal Rules is hereby amended by a the substitution for Rule 7 of the following sub-rule: ".1. The Appellant and the Department of Home Affairs are parties to the appeal.".
the insertion of sub-rule (2): "2 The parties mYSt submit heads of arguments within 5 davs prior to the hearing.". "3. Where the Appellant is represented, service of the notice of hearing mav also be served on the Appellant's representative." Amendment of the heading of Rule 11 of the Refugee Appeal Board Rules, 2003 7.
"11. Postponement of~ hearing."
Amendment of Rule 12 of the Refugee Appeal Board Rules, 2003 8.
"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 Appeal Board nor given any satisfactory explanation [showing good cause] the Appeal Board [may dismiss the appeal subject to Rule 12(2) and (3)] will determine the appeal on paper.".
Amendment of Rule 13(3) of the Refugee Appeal Board Rules, 2003 9. Rule 13 of the Rules is hereby amended by the substitution in sub-rule 3 of the following words: ''The Chairperson may designate one or more members of the Appeal Board to hear and determine any appeal lodge.Q.
Deletion of sub-rule 4.
Amendment of Rule 18 of the principal Refugee Appeal Board Rules, 2003 10.
An appeal is deemed cancelled if the Appellant gives notice of withdrawal or cancellation of his appeal to the Appeal Board and/or the [Refugee Reception Officer] designated Appeal Clerk.
Repeal of Rule 19 of the Refugee Appeal Board Rules, 2003 11. Rule 19 is hereby deleted.
Amendment of Rule 20 of the Refugee Appeal Board Rules, 2003 12.
"[1.] Where the Appeal Board has conveyed its decision to the Appellant. the Appeal Board shall [, subject to Rule 20(2)) be functus officio.".
the deletion of sub-rules (2). (3) and (4).
Amendment of Rule 24 of the principal Refugee Appeal Board Rules, 2003 13 Rule 24 of the Rules is hereby amended by the substitution of the following words: These Rules may be cited as the Refugee Appeal Board Rules, 2003 as amended and shall come into operation on date of promulgation of these rules.
PLEASE TAKE NOTICE that the appellant) intends to appeal the decision of the Refugee Status Determination Officer (RSDO) rejecting his/her application for refugee status and for an order to grant refugee status.
TAKE NOTICE FURTHER that the affidavit ofthe appellant, attached hereto, which sets out reasons for this appeal, will be used herein.
Give reasons, in detail, why you disagree with the decision of the Refugee Status Determination Officer (RSDO) and all supporting documents. (If space is insnfficien t please use additional page(s)).
Signed and sworn before me this day the deponent having acknowledged that he knows and understands the contents of this affidavit, has no objection to taking the prescribed oath and considers the oath to be binding on his/her conscience.