When does a decision to reject an application for asylum become operative?

Question: When does a decision to reject an application for asylum become operative?

A decision to reject an application for asylum becomes operative in South Africa when the applicant is notified of the decision and they have exhausted all of their appeal rights.

In terms of the Refugees Act 130 of 1998, the Refugee Status Determination Officer (RSDO) must make a decision on an application for asylum within 30 days of the interview. The RSDO may either grant the application, reject the application, or refer the application to the Standing Committee for Refugee Affairs (SCRA) for further consideration.

If the RSDO rejects the application, the applicant has 30 days to appeal the decision to the Refugee Appeal Board (RAB). If the RAB rejects the appeal, the applicant has 30 days to appeal the decision to the High Court.

Only once the applicant has exhausted all of their appeal rights does the decision to reject the application for asylum become operative. This means that the applicant is then required to leave South Africa.

If the applicant does not leave South Africa voluntarily, they may be deported by the Department of Home Affairs.

It is important to note that there are a few exceptions to this rule. For example, the applicant may be allowed to remain in South Africa if they have a spouse or child who is a South African citizen or permanent resident.

If you are an asylum seeker and you have received a decision to reject your application for asylum, you should seek legal advice to discuss your options.