South Africa

At issue are the reach of the Refugees Act and of the Immigration Act as well as the interplay between these two statutes; the effect of delay on entitlement to apply for refugee status; the operation of the exclusionary provisions of the Refugees Act, particularly section 4(1)(b); and whether this section applies only to crimes committed outside South Africa. Also at issue is the fidelity of the Supreme Court of Appeal to its own judgments and whether in this case commitment to precedent (stare decisis) was breached.

20 December 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Refugee status determination (RSD) / Asylum procedures - Serious non-political crime | Countries: Rwanda - South Africa

23 October 2012 | Judicial Body: South Africa: High Court | Topic(s): Access to procedures - Airports - Border controls - Deportation / Forcible return - Refoulement | Countries: South Africa

22 October 2012 | Judicial Body: South Africa: High Court | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: Congo, Democratic Republic of the - South Africa

31 January 2012 | Judicial Body: South Africa: High Court | Topic(s): Deportation / Forcible return - Rule of law / Due process / Procedural fairness | Countries: South Africa

On appeal from the South Guateng High Court, Johannesburg.

12 March 2010 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Illegal entry - Immigration Detention - Immigration law - Persecution based on political opinion - Racial / Ethnic persecution - Refugee / Asylum law | Countries: Ethiopia - South Africa

25 August 2009 | Judicial Body: South Africa: Constitutional Court | Topic(s): Deportation / Forcible return - Immigration law - Residence permits / Residency - Work permits | Countries: South Africa

On appeal from the Asylum and Immigration Tribunal.

26 June 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Cessation clauses - Criminal justice - Deportation / Forcible return - EU Qualification Directive - National security / Public order - Non-refoulement - Refoulement - Refugees | Countries: United Kingdom of Great Britain and Northern Ireland

28 April 2009 | Judicial Body: South Africa: High Court | Topic(s): Deportation / Forcible return - Immigration law - Refugee / Asylum law | Countries: Pakistan - South Africa

31 March 2009 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Deportation / Forcible return - Immigration Detention | Countries: Pakistan - South Africa

Judgement made on 29 July 2008.

29 July 2008 | Judicial Body: South Africa: High Court | Topic(s): Asylum policy - Border controls - Criminal justice - Deportation / Forcible return - Illegal entry - Immigration Detention - Refugee / Asylum law | Countries: South Africa