AI (b) &CCL Definition should include informal care giving relationships such as The Department is of the view that legally adopted & Dependent CORMSA where there is no formal adoption of a child by the asylum seeker children or under legal guardianship are or refugee but they are the primary care giver of such a child or covered by the definition. Furthermore. There is a children. law in the Republic that regulates issues of majority Should include children above the age of majority and children and care and therefore the Refugees Act should not LHR & STAR & who are under their guardianship. venture into that. RLAC Adoption procedures either do not exist or are not functioning in war-torn countries that most refugees come from. A spouse is an equal partner of and can make an application on his or her own. In cases such divorce The definition should align with international law to which South he or she can make an application unlike if he or RLAC & SCCT Africa is signatory including: The United Nations Convention on she is classified as a dependent. the Rights of the Child; General Comment on the Treatment of Unaccompanied and Separated Children Outside their Country of Origin, The African Charter on the Rights and Welfare of the Child (b) and the Inter-agency Guiding Principles on Unaccompanied and SCCT Dependent Separated Children of 2004. A restrictive definition of the term dependent is a violation of the principle of unity of the family, which is one of the binding principles in terms of the UNHCR Convention. RLAC therefore recommend that for the sake of uniformity and the indigent family members and dependents of the main applicant the section read as follows: in relation to an asylum seeker or a refugee, means “dependent any unmarried minor dependent child, including an adopted
(b) Dependent (b) Dependent AI &CCL & CORMSA LHR & STAR & RLAC RLAC & SCCT SCCT Definition should include informal care giving relationships such as where there is no formal adoption of a child by the asylum seeker or refugee but they are the primary care giver of such a child or children. Should include children above the age of majority and children who are under their guardianship. Adoption procedures either do not exist or are not functioning in war-torn countries that most refugees come from. The definition should align with international law to which South Africa is signatory including: The United Nations Convention on the Rights of the Child; General Comment on the Treatment of Unaccompanied and Separated Children Outside their Country of Origin, The African Charter on the Rights and Welfare of the Child and the Inter-agency Guiding Principles on Unaccompanied and Separated Children of 2004. A restrictive definition of the term dependent is a violation of the principle of unity of the family, which is one of the binding principles in terms of the UNHCR Convention. RLAC therefore recommend that for the sake of uniformity and the indigent family members and dependents of the main applicant the section read as follows: “dependent in relation to an asylum seeker or a refugee, means any unmarried minor dependent child, including an adopted The Department is of the view that legally adopted children or under legal guardianship are covered by the definition. Furthermore. There is a law in the Republic that regulates issues of majority and care and therefore the Refugees Act should not venture into that. A spouse is an equal partner of and can make an application on his or her own. In cases such divorce he or she can make an application unlike if he or she is classified as a dependent.
170221Consolidated.docx