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Summary of the Refugee Act, 1998
Introduction and Purpose:
The Refugee Act, 1998 of South Africa regulates the legal status and rights of refugees and
asylum seekers within the Republic, in line with both national laws and international
obligations. It outlines procedures for the application, recognition, and withdrawal of refugee
status, as well as the rights and duties of refugees within the country.
Key Provisions:
1. Application for Asylum:
o Asylum seekers must apply for refugee status within a reasonable time after
entering South Africa. The application must be processed promptly by the
relevant authorities (Section 21).
o If asylum is granted, the individual is recognized as a refugee and entitled to
rights and protections under South African and international law.
2. Rights of Refugees:
o Refugees in South Africa are entitled to several rights, including protection
from removal or deportation except under national security or public order
grounds (Section 28).
o Refugees are guaranteed a reasonable period to obtain approval for their
removal to another country (Section 28(5)).
3. Detention:
o Detention of refugees is restricted to the shortest time necessary and must be
reviewed every 30 days by a judge (Section 29).
o Detention of children is permitted only as a last resort, for the shortest possible
period.
4. Identification and Travel Documents:
o Refugees are issued an identity document containing personal details,
including a photograph and fingerprints (Section 30).
o Refugees may also apply for a travel document (Section 31).
5. Special Provisions for Vulnerable Persons:
o Unaccompanied children and mentally disabled persons are given additional
support in the asylum process, including assistance in applying for asylum
(Section 32).
6. Dependants:
o Refugees may assist their dependants in applying for asylum. If a dependant
no longer qualifies as a dependent due to marriage or other factors, they may
still remain in the Republic (Section 33).
o If a refugee dies or divorces, dependants may continue to reside in South
Africa and may apply for asylum independently.
7. Obligations of Refugees:
o Refugees must abide by the laws of South Africa (Section 34).