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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Refugees Act, No. 130 of
1998
Long title
To give effect within the Republic of South Africa to the relevant international legal instruments, principles and standards relating to refugees; to provide for the reception into South Africa of asylum seekers; to regulate applications for and recognition of refugee status; to provide for the rights and obligations flowing from such status; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To give effect within the Republic of South Africa to the relevant international legal instruments, principles and standards relating to refugees; to provide for the reception into South Africa of asylum seekers; to regulate applications for and recognition of refugee status; to provide for the rights and obligations flowing from such status; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| ARRANGEMENT OF ACT | |
| CHAPTER 1. INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT | |
| 1. | Definitions |
| 1A. | Interpretation and application of Act [...inserted by Act 2008_033_002_20081126] |
| 2. | General prohibition of refusal of entry, expulsion, extradition or return to other country in certain circumstances |
| 3. | Refugee status |
| 4. | Exclusion from refugee status |
| 5. | Cessation of refugee status |
| 6. | ... [...repealed by Act 2008_033_007_20081126 - was entitled "Interpretation, application and administration of Act"] |
| 7. | Delegation of powers [...Title amended by Act 2008_033_008_20081126 - was entitled "Delegation of powers and duties"] |
| CHAPTER 2. REFUGEE RECEPTION OFFICES, STANDING COMMITTEES FOR REFUGEE AFFAIRS AND REFUGEE APPEALS AUTHORITY [...Title amended by Act 2008_033_009_20081126 - was entitled "Chpater 2. Refugees reception offices, standing committee and Refugee Affairs and Refugee Appeal Board"] [...Title amended by Act 2017_011_005_20171218 - was entitled "Chpater 2. Refugee reception offices and refugee appeals authority"] | |
| 8. | Refugee Reception Office |
| 8A. | Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8B. | Composition of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8C. | Functions of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8D. | Term of office of members of Refugee Appeals Authority [...inserted by Act 2008_033_011]** |
| 8E. | Disqualification from membership [...inserted by Act 2008_033_011_20081128]** |
| 8F. | Removal from office of member of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8G. | Filling of vacancies in Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126] [...repealed by Act 2017_011_012_20171218 - was entitled "Filling of vacancies in Refugee Appeals Authority"]** |
| 8H. | Remuneration of members of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8I. | Administrative staff of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 8J. | Annual Reports of Refugee Appeals Authority [...inserted by Act 2008_033_011_20081126]** |
| 9. | [...repealed by Act 2008_033_012_20081126 - was entitled "Standing Committee for Refugee Affairs"] |
| 9A. | Standing Committee for Refugee Affairs [...inserted by Act 2017_011_013_20171218] |
| 9B. | Composition of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 9C. | Functions of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 9D. | Term of office of members of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 9E. | Disqualification from membership [...inserted by Act 2017_011_013_20171218] |
| 9F. | Removal from office of member of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 9G. | Remeneration of emmbers of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 9H. | Administrative staff of Standing Committee [...inserted by Act 2017_011_013_20171218] |
| 10. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Composition of Standing Committee"] |
| 11. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Powers and duties of Standing Committee"] |
| 12. | ... [...deleted by Act 2002_013_054_20020531- was entitled “Establishment of Refugee Appeal Board”] |
| 13. | ... [...deleted by Act 2002_013_054_20020531 - was entitled “Composition of Appeal Board”] |
| 14. | ... [...deleted by Act 2002_013_054_20020531 - was entitled “Powers and duties of Appeal Board”] |
| 15. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Meetings of Standing Committee and Appeal Board"] |
| 16. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Periods of office of members of Standing Committee and Appeal Board"] |
| 17. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Removal from office of member of Standing Committee or Appeal Board"] |
| 18. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Filling of vacancies in Standing Committee or Appeal Board"] |
| 19. | ... [...repealed by Act 2008_033_012_20081126 - was entitled "Remuneration of members of Standing Committee and Appeal Board"] |
| 20. | ... [...repealed by Act 2008_033_012 _20081126- was entitled "Administrative staff of Standing Committee and Appeal Board"] |
| 20A. | Crime prevention and integrity measures [...inserted by Act 2017_011_013_20171218] |
| CHAPTER 3. APPLICATION FOR ASYLUM | |
| 21. | Application for asylum |
| 21A. | Unaccompanied child and person with mental disability [...inserted by Act 2008_033_014_20081126] |
| 21B. | Spouse and dependants of asylum seekers and refugees [...inserted by Act 2008_033_014_20081126] |
| 22. | Asylum seeker visa [...Title substituted by Act 2017_011_018_20171218 - was entitled "Asylum seeker permit] |
| 23. | Detention of asylum seeker |
| 24. | Decision regarding application for asylum |
| 24A. | Review by Standing Committee [...inserted by Act 2008_033_019_20081126] [...substituted by Act 2017_011_021_20171218 - was entitled "Review of applications rejected in terms of section 24(3)(b)"| |
| 24B. | Appeals to Refugee Appeals Authority [...inserted by Act 2008_033_019_20081126] |
| CHAPTER 4. REVIEWS AND APPEALS | |
| 25. | ... [...repealed by Act 2008_033_018_20081126 - was entitled "Review by Standing Committee"] |
| 26. | ... [...repealed by Act 2008_033_018_20081126 - was entitled, last first, "Appeals, “Appeals to Appeal Board”] |
| CHAPTER 5. RIGHTS AND OBLIGATIONS OF REFUGEES AND ASYLUM SEEKERS [...Title amended by Act 2008_033_020_20081126 - was entitled "Rights and obligations of refugees"] | |
| 27. | Protection and general rights of refugees |
| 27A. | Protection and general rights of asyum seekers [...inserted by Act 2008_033_022_20081126] |
| 28. | Removal and detention of refugees and asylum seekers [...Title substituted by Act 2017_011_024_20171218 - was entitled "Rights of refugees in respect of removal from Republic"] |
| 29. | Restriction of detention |
| 30. | Identity document to refugee |
| 31. | ... [...repealed by Act 2008_033_026_20081126 - was entitled "Travel document to refugee"] |
| 32. | ... [...repealed by Act 2008_033_026_20081126 - was entitled "Unaccompanied child and mentally disabled person"] |
| 33. | ... [...repealed by Act 2008_033_026_20081126 - was entitled "Dependants of refugee"] |
| 34. | Obligations of refugees |
| 34. | Obligations of asylum seekers [...inserted by Act 2008_033_028_20081126] |
| CHAPTER 6. SUPPLEMENTARY AND GENERAL PROVISIONS | |
| 35. | Reception and accommodation of asylum seekers in event of mass influx |
| 36. | Withdrawal of refugee status |
| 37. | Offences and penalties |
| 38. | Regulations |
| 39. | ... [...repealed by Act 2008_033_032_20081126 - was entitled "Training of staff"] |
| 40. | ... [...repealed by Act 2008_033_032_20081126 - was entitled "Transitional arrangements"] |
| 41. | Short title and commencement |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1998_130_000_19981202 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2002_013_000_20020531 . | N/A | REQ.INFO | LINK |
| As amended by Act 2008_033_000_20081126 . | N/A | REQ.INFO | LINK |
| As amended by Act 2011_012_000_20110826 . | N/A | REQ.INFO | LINK |
| As amended by Act 2015_010_000_20150925 . | N/A | REQ.INFO | LINK |
| As amended by Act 2017_011_000_20171218 . | N/A | REQ.INFO | LINK |
| As amended by Act 2022_023_000_20221229 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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