Cape Town Home Affairs Director-General (DG) Mkuseli Apleni today, Thursday 14 October 2010, briefed with the Home Affairs Parliamentary Portfolio Committee on proposed amendments to the Refugees Act of 1998 and Refugees Amendment Act of 2008 with a view to clarifying the process of dealing with applications for refugee status which have been rejected.
Explaining the current process the DG said, “the 2008 amendment empowers the Refugees Appeals Authority to hear cases rejected on the basis of not having enough evidence (unfounded) or those that do not adhere to the factors outlined in the legislation (manifestly unfounded). Cases that are found to be manifestly unfounded must currently be automatically reviewed by the Director-General whereupon other processes will be implemented. Only those that are unfounded may be appealed by the applicants to the Refugees Appeals Authority.”
In addition, “decisions on asylum are currently taken by individuals (refugee status determination officers). We are now proposing that committees (status determination committees) to be established to adjudicate such applications.”
Continuing, the DG said, “the decision to certify that a refugee will remain a refugee indefinitely is currently taken by the Director-General. It is now being proposed that this decision be taken by the minister. We are furthermore also suggesting the minister be the authority to decide on whether to withdraw a person’s refugee status, whereas I am now the authority with that mandate.”
“We are also cognisant of the fact that the process of recording the births of children born to refugees or asylum seekers in South Africa may not be clear. Therefore, children born to refugees or asylum seekers, should be registered in terms of the Births and Deaths Registration Act of 1992 and must be included as a dependent of the asylum permit holder or refugee at any Refugee Reception Office.In this way, parents will be able to easily obtain social support services for their children,” concluded the Director-General.
Home Affairs Director-General (DG) engages with portfolio committe on Refugees Amendment Bill
