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Standing Committee for Refugee Affairs Rules, 2025

Government Notice R6900 of 2025

Standing Committee for Refugee Affairs Rules, 2025
Citation
Government Notice R6900 of 2025
Primary work
Refugees Act, 1998
Date
5 December 2025
Language
English
Publication
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South Africa
Refugees Act, 1998

Standing Committee for Refugee Affairs Rules, 2025

Government Notice R6900 of 2025

In the exercise of the powers conferred by Regulation 5(1) of the Regulations made under the Refugees Act, the Standing Committee for Refugee Affairs (Hereinafter referred to as SCRA) has made the Rules in the Schedule.

1. Definitions

In these rules a word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it, unless the context otherwise indicates:"applicant" means any refugee who has made any application to SCRA;"application" means an application for certification in terms of section 27 (c) or an application for withdrawal of Refugee Status in terms of section 36 of the Act;"chairperson" means a member of SCRA designated by the Minister of Home Affairs as Chairperson of SCRA in terms of section 9B (a) of the Act"claimant" means an asylum seeker who has made any application to SCRA“Department” means the National Department of Home Affairs;"Member" means a member of SCRA appointed by the Minister of Home Affairs as a member in terms of section 9B(b) of the Act;"Office Manager" shall mean the official delegated by the Director General in terms of section 9 (H) to fulfill that function;“Review” means any review directed to SCRA in terms of Section 24 of the Act;"RRO" means the Refugee Reception Office where the asylum application was lodged;“RSDO” means the Refugee Status Determination Officer as contemplated in the Act;“SCRA” means the Standing committee for Refugee Affairs, established in terms of section 9 of the Act;"serve" or "lodge" has the same meaning within the context of these rules;“the Act” means the Refugees Act 1998 (Act No. 130 of 1998) as amended; andAny reference to a rule in these Rules is a reference to a Rule contained herein.

2. Timeframes

1.For the purpose of calculating any period of time in terms of these Rules—
(a)day means a calendar day excluding Saturdays, Sundays and Public Holidays; and
(b)the first day is excluded and the last day is included.

3. SCRA operating times

1.SCRA offices will open on all days except public holidays and weekends
2.Office times: Monday - Friday 7h30 - 16h00
3.SCRA offices are only accessible to members of the public by appointment
4.Any appointment with SCRA in terms of rule 4 (3) must be made to Office Manager or a person designated by him or her for that purpose at EnquiriesSCRA@dha.gov.za
5.Applicants and Claimants may access SCRA offices without making an appointment if the visit is for the purpose of submitting applications of any nature or bring submissions or representations on any already existing application.

4. Review & monitoring of RSDO decisions

In terms of Section 24A (1) of the Act, SCRA must review any decision taken by a Refugee Status Determination Officer in terms of section 24(3)(b) and may act in terms of section 9C (1) (c) in respect of any decision taken in terms of section 24(3)(a) or (c).
4.1.Review of RSDO decisions
1.A review of the RSDO decision must be determined by a single member or, in particular matters, such number of members of the Standing Committee as the chairperson may consider necessary
2.A review will generally be determined on paper except in certain circumstances under which SCRA may request the applicant to appear before it for an interview. The circumstances referred to will be provided under rule Eleven(11).
3.In order to give effect to fair and reasonable administrative process provided for in PAJA, any applicant whose application for asylum has been rejected as Manifestly Unfounded, Fraudulent and Abusive in terms of Section 24 (3) (b), may file written representations with the SCRA.
4.The written representations referred to under rule 4.1 (3), must be filled within 10 calendar days from the date the applicant received the RSDO decision. The representations must be sent to a dedicated email address, which is sec22representations@dha.gov.za
4.2.Monitoring RSDO decisions
1.All decisions made in terms of Section 24 (3) (a) and (c) of the Act must be presented to SCRA by the relevant RRO within 10 days for supervision and monitoring.
2.When submitting a matter to SCRA for monitoring and supervision of RSDO decisions made in terms of section 24 (3) (a) and (c) of the Act, the full contents of the file/matter accompanied by FORM 8 (similar to BI-1691) must be included.

5. Applications for certification-section 27 (c) of the Act

1.All applications for certification in terms of section 27 (c) of the Act must be submitted on Form DHA-1754
2.All applications must be accompanied by the following:
(i)A fully completed Form DHA-1754 for every applicant;
(ii)Reasons why the applicant will remain a refugee indefinitely and will not in the future be able to return to his or her country of origin and also the reasons why he or she fled from his or her country of origin;
(iii)Copy of the first section 27 (a) visa issued to the applicant or proof of date of recognition as Refugee.
(iv)Police clearance for all applicants above the age of 10.
(v)Any other supporting documentation that will assist SCRA in making a decision.
3.Applicants who want to include their dependents in their letter of certification must furnish SCRA with certified copies of the following documentation:
(i)The applicant’s certification letter;
(ii)Marriage certificate if married to the dependent;
(iii)Full birth certificate if a descendent of the principal applicant;
(iv)All Section 27(a) visas issued the dependent; and
(v)Any other documentation and/or information required by SCRA.
4.All applications for certification will be considered on paper except in cases wherein SCRA deems it necessary that viva voce or other evidence should be led. In the latter case, SCRA may request such evidence and person with such evidence to appear before it.

6. Withdrawals—S36 of the Act

1.Any interested person or institution including the DHA, may make a submission to SCRA for withdrawal of refugee status in terms of Section 36 of the Act. The SCRA will consider the withdrawal request and will act as required by the law.
2.SCRA may on its own accord apply Section 36 of the Act if it has reasons to believe that there are grounds for withdrawal of refugee status in terms of the Act.
3.A submission for withdrawal must be accompanied by all the necessary supporting documents and evidence to support a withdrawal of refugee status.
4.All representations made by an applicant under Section 36 (2) of the Act must be served on SCRA within 30 days of receiving the notice in terms of Section 36 (2) and shall include:
(i)Full reasons by the refugee why his or her refugee status should not be withdrawn
(ii)Any other supporting documentation that will assist SCRA in making a decision.
(iii)Any other documentation and/or information required by SCRA.
(iv)The representations may be sent to EnquiriesSCRA@dha.gov.za or maybe hand delivered at the head office of the SCRA.

7. Service of documents or representations

1.SCRA may accept service of any document or representations as set out in this rule.
2.Documents or representations must be served on SCRA as follows:
(a)An asylum seeker must within 10 days of receipt of a decision in terms of section 24 (3) (b) file his or her representations with SCRA at the dedicated email address provide under rule 4.1 (4) prior to the SCRA review.
(b)An application for certification in terms of section 27 (c) of the Act must be served on SCRA at its Head Office or at the email address provided under rule 6 (4) (iv).
(c)Documents may be served on SCRA at its Head Office as follows:
(i)personally on the Office Manager of SCRA or his or her designated representative; or
(ii)by email at EnquiriesSCRA@dha.gov.za;
3.SCRA may request proof of service of any document.

8. Condonations

1.Where a claimant or applicant files any document outside the prescribed period, he or she must serve a written explanation showing good cause for the delay, supported by documentary evidence where appropriate.

9. Cancellation of application

1.An applicant may request the cancellation of any application he or she has made to SCRA
2.All requests for cancellation must be made in writing.
3.A request for cancellation may be refused by SCRA with reasons.
4.SCRA may request any additional information it may require to reach a decision.

10. Voluntary withdrawals

1.An applicant may request the Voluntary Withdrawal of his or her refugee status to SCRA and in so doing waives whatever rights he or she has in terms of the Act and all amendments thereto as well as the Regulations to the aforementioned Act.
2.All requests for Voluntary Withdrawal must be made in writing at least 5 (five) days prior to it being required for any purpose whatsoever
3.An application under this rule 13 must include an affidavit containing:
(a)Full reasons why he or she voluntarily requests withdrawal of his or her refugee status
(b)Full details of all dependents, including where necessary, unabridged birth certificates.
(c)Full supporting documents which amongst others should include copies of flight or travel details
(d)If minors are included both parents are required to submit an affidavit.
(e)A waiver to make any representations within the prescribed period.
4.SCRA may request any additional information it may require to reach a decision.

11. Interviews before SCRA

1.The SCRA may when it is in the process of fulfilling its functions in terms of the Act, request certain person to appear before it for interviews that seek to assist SCRA in arriving at a fair and a just decision.
2.The person referred to under sub-rule 1 may be an applicant(s), depandant(s), RSDO, or any other person who can provide the required information.
3.The persons required to provide information may be informed by SCRA in writing of the date and venue for the interview.
4.The circumstances under which SCRA may consider an interview to be necessary may differ and will be determined from case to case.
5.Generally, the following are some of the considerations that may lead to interviews:
i.Applications in which there are material disputes of facts;
ii.Applications wherein there are poorly written decisions delaying finality;
iii.Applications in which no adequate interview was conducted;
iv.Applications wherein the decision is based on evidence that was never put to the applicant;
v.Applications characterized by material inconsistencies;
vi.Applications that lack sufficient and relevant information required for decision making.
6.All SCRA interviews will be recorded for the purpose of evidence and will be under oath.
7.The SCRA may postpone any interview before it on reasonable grounds and for just reasons as it may deem fit, and the next date of the interview will be communicated to the applicant, orally or in writing.

12. Failure to appear before SCRA

1.In relation to applicants who have their applications pending before SCRA, should an applicant fail to appear before SCRA for an interview after having received an invitation, only two opportunities will be provided. Failure to appear during the two opportunities, SCRA will make a determination in the matter based on the information available before it.
2.The position provided under sub-rule 1 above will also apply to applicants who has received written requests for information if they fail to provide same within the period prescribed in the communication sent to them.

13. Legal representation

1.All applicants before SCRA are allowed to be legally represented in relation to their applications.
2.The legal representation is also allowed during the SCRA interviews.
3.All applicants are allowed legal representation at no expense of the SCRA.
4.All practicing legal representatives including candidate legal representatives with right of appearance may provided legal representation.
5.Any other person, who is duly authorized by the applicant, may represent the applicant after having obtained leave to do so from the SCRA.
6.A signed power of attorney will always be required.

14. Interpretation

1.All interviews before the SCRA will be conducted in the applicant’s language of choice and proficiency.
2.The SCRA through the DHA, will provide the services of interpreters.
3.Applicants who are able to bring along their own interpreters to an interview are allowed to do so.
4.No one will be allowed to interpret any proceedings before SCRA if they are a close relative of the applicant or they stand to benefit or be affected by the outcome. Close relative means anyone within the first blood relation, eg, a parent, child or sibling. The SCRA retain the authority to decide if an individual should proceed as a translator.
5.All the information gathered through an interpreter during an interview will be taken as the information provided by an applicant.

15. Conduct of proceedings before SCRA

1.The SCRA interviews will be conducted in a manner that is appropriate for the purpose of determining the application before SCRA.
2.The SCRA may request anyone appearing before it to give their evidence under oath or affirmation.
3.The chairperson of the SCRA will determine the number of member(s) to sit for an interview.

16. Review of decisions

1.SCRA may on application or on its own accord re-open a matter under the following circumstances:
(i)Where judicial review has been instituted and a settlement agreement has been reached prior to a decision of the High Court.
(ii)Where representations were made to SCRA and they were not submitted to SCRA prior to SCRA making a decision.

17. Correction of errors

Clerical and administrative errors in any decision, or errors arising from any omission, may at any time be corrected and any correction made thereto, or to a record of the decision, shall be deemed to be part of the decision or record and a written notice of it shall be given as soon as practicable to the parties if SCRA deems it necessary.

18. General

1.Any request for file contents or copies of documents must be directed to the Department as envisaged in section 18 of the Promotion of Access to information Act of 2000 (Act No. 2 of 2000). The SCRA can only provide documents on applications and processes that falls within its exclusive jurisdiction: certification applications and withdrawal considerations or decisions.
2.All enquiries to SCRA must be directed to EnquiriesSCRA@dha.gov.za

19. Citation and commencement

These rules replace all previous rules from SCRA and may be cited as SCRA RULES 2018 and shall come into operation on date of promulgation.

History of this document

05 December 2025 this version
Commenced
23 September 2025
Assented to
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