3.3. REFUGEE STATUS Applicable law: South African Refugees Act 130 of 1998 (the Refugees Act) The Refugees Act (and its regulations) applies to all migrants who enter South Africa with the wish to apply for refugee status. It defines the standard that such applicants must meet to be granted protection and refugee status in the country. CHILD ASYLUM SEEKER ACCOMPANIED MIGRANT CHILD (arrives in SA with parents) UNACCOMPANIED MIGRANT CHILD (arrives in SA alone separated from parents and any adult) Independent asylum claim (Sec 3(a) and (b)) Dependent asylum claim (children born before application - Sec 3(c), Sec 21B(1) and Reg 8) Dependent asylum claim (children born after application - Sec 3(c), Sec 21B(2) and Reg 8) Figure D: Child Asylum Claims under the Refugees Act 26 | SEPARATED MIGRANT CHILD (arrives in SA with adult relatives but separated from parents) Independent asylum claim (Sec 3(a) and (b)) Must be referred to DSD and undergo Children’s Court inquiry and must be issued an asylum seeker visa with the help of a social worker (Sec 21A(1) and Reg 10) Dependent asylum claim (separated children can be added as dependent to adult relative file Sec 3(c) and Mubake judgment)