REFUGEES (RECOGNITION AND CONTROL): SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Refugees (Recognition and Control) Order

Refugees (Recognition and Control) Regulations

REFUGEES (RECOGNITION AND CONTROL) REGULATIONS

(under section 14)

(5th April, 1968)

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Interpretation

    3.    Quorum of Committee

    4.    Witness fees

    5.    Prescribed forms

        Schedule – Forms

S.I. 25, 1968.

1.    Citation

    These Regulations may be cited as the Refugees (Recognition and Control) Regulations.

2.    Interpretation

    In these Regulations “form” means a form prescribed in the Schedule.

3.    Quorum of Committee

    The quorum of a Refugee Advisory Committee shall be the Chairman and two members.

4.    Witness fees

    A witness who is summoned before a Refugee Advisory Committee under section 5(1) of the Act shall be entitled to witness fees at the rate prescribed for witnesses appearing in criminal prosecutions before a magistrate’s court.

5.    Prescribed forms

    (1) A notice for the purposes of section 5(1)(a) of the Act shall be in Form A.

    (2) A notice for the purposes of section 5(1)(b) of the Act shall be in Form B.

    (3) A notice for the purposes of section 5(1)(d) of the Act shall be in Form C.

    (4) A warrant for the purposes of section 6(b) of the Act shall be in Form D.

    (5) A direction by the Minister under section 9(2) of the Act shall be in Form E.

SCHEDULE

Form A
SUMMONS TO APPEAR BEFORE A REFUGEE ADVISORY COMMITTEE

REPUBLIC OF BOTSWANA

(Section 5(1)(a) of the Refugees (Recognition and Control) Act (Cap. 25:01))

To: ………………………………………………………………………………………………………………….

of: …………………………………………………………………………………………………………………..

    You are notified that you are hereby required and directed to appear before the Refugee Advisory Committee at …………………………………………………………………………………………
on the …………………………………………………… day of ……………………………………………….
at ……………………………………………. for the purpose of assisting the said Refugee Advisory Committee in making inquiry under the provisions of section 4 of the Refugees (Recognition and Control) Act.

    In accordance with the provisions of section 5 of the said Act you are hereby further notified that at such inquiry you are entitled to appear before the Committee and make representation concerning your case to it.

    GIVEN under my hand this ……………………. day of ………………………………. 20 ………….

……………………………………………………
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NOTE: Failure to comply with this summons is a criminal offence for which the offender is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.

Form B
SUMMONS TO APPEAR AS A WITNESS BEFORE A REFUGEE ADVISORY COMMITTEE AND TO PRODUCE SPECIFIED DOCUMENTS

REPUBLIC OF BOTSWANA

(Section 5(1)(b) of the Refugees (Recognition and Control) Act
(Cap. 25:01)
)

To:.. ………………………………………………………………………………………………………………….

of: …………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………….

    You are notified that you are hereby required and directed to appear before the Refugee Advisory Committee at ………………………………………………………………………………………….
on the ……………………………………………….. day of ……………………………………………………
at …………………………………………………….. for the purpose of assisting the said Refugee Advisory Committee in making inquiry under the provisions of section 4 of the Refugees (Recognition and Control) Act into the case of …………………………………………………………….
………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………..

    GIVEN under my hand this ………………………. day of ………………………………… 20 ………

………………………………………………………
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NOTE: Failure to comply with this summons is a criminal offence for which the offender is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.

Form C
NOTICE CALLING UPON A PERSON TO GIVE WRITTEN EVIDENCE OR PRODUCE DOCUMENTS TO A REFUGEE ADVISORY COMMITTEE

REPUBLIC OF BOTSWANA

(Section 5(1)(d) of the Refugees (Recognition and Control) Act
(Cap. 25:01)
)

To: ………………………………………………………………………………………………………………….

of: …………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

    I am directed by the …………………………………. Refugee Advisory Committee to require you to furnish to the Committee at …………………………………. on or before the ………………………. the following information touching the case of ……………………………………………………………..
………………………………………………………………………………………………………………………..
Such information shall be in the form of a statutory declaration/in writing. function a3(msg) { myWindow=window.open(”,”,’width=256,height=69,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}Delete whichever is inapplicable.>’)”>FIND*”/>

    You are further directed to produce to the said Committee at ……………………………………..
on or before the …………………………………………………… the following documents which the said Committee believe to be in your possession or under your control and which, in the opinion of the said Committee, may be relevant at the inquiry.

For and on behalf of the …………………………
Refugee Advisory Committee

……………………………………………………….
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NOTE: Failure to comply with this notice is a criminal offence for which the offender is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.

Form D
WARRANT OF DETENTION

(Section 6 of the Refugees (Recognition and Control) Act)
(Cap. 25:01)

REPUBLIC OF BOTSWANA

To: ……………………………………………………
………………………………………………………..
………………………………………………………..
………………………………………………………..

(Officer-in-Charge of
prison or other place
of detention)

    WHEREAS …………………………………………………………………………………………………..
being an immigrant as defined in section 2 of the Refugees (Recognition and Control) Act, was summoned on the ……………………………………………………………………………………………….
day of ……………………………………………………………. 20 ………………… to appear before the
……………………………………………………………………………… Refugee Advisory Committee;

    NOW, THEREFORE, this is to authorise you by virtue of the powers vested in me by section 6 of the said Act to take into your custody the said ………………………………………………………
and to detain him for a period of 28 days from the date of such summons unless sooner required to be released by me.

Dated at ……………………………………………….. this …………………………………………….. day of ……………………………………………………. 20 ……………..

Form E
DIRECTION OF THE MINISTER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9(2) OF THE REFUGEES (RECOGNITION AND CONTROL) ACT (Cap. 25:01)

REPUBLIC OF BOTSWANA

NAME ……………………………………………………………………………………………………………..

Photograph/and/or Thumbprint

    WHEREAS you have been declared to be a political refugee under the provisions of section 8 of the Refugees (Recognition and Control) Act;

    AND WHEREAS you are liable to removal from Botswana under the provisions of the Immigration Act;

    AND WHEREAS the Minister is of the opinion that delay is likely to occur before such removal may be effected;

    NOW, THEREFORE, you are hereby given notice that the Minister has directed in accordance with the provisions of section 9(2) of the Act, that you shall not be detained pending your removal in accordance with the provisions of that section but that you shall, while you remain in Botswana, be subject to the following conditions- ……………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………….

Date of issue of the direction …………………………………………………………………………………

NOTE: This direction may be withdrawn or modified at any time. In accordance with the provisions of section 11 of the Act, the case of a recognised political refugee is subject to revision every six months.

REFUGEES (RECOGNITION AND CONTROL) ORDER

(under section 3)

(17th September, 1993)

S.I. 92, 1993.

1.    Citation

    This Order may be cited as the Refugees (Recognition and Control) Order.

2.    Establishment of Refugee Advisory Committee

    (1) The Minister hereby establishes a Refugee Advisory Committee to be based in Francistown.

    (2) The Composition of the Committee referred to in subparagraph (1) shall be as follows—

District Commissioner (Francistown)-

Chairman

Botswana Police Divisional Commander (North)-

Vice-Chairman

Settlement Commander (Dukwi Refugee Settlement)-

Secretary

Officer Commanding, Special Branch (Northern Division)-

Member

Regional Immigration Officer (North)-

Member.


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