Adjudication of asylum claims (refugee status determination / asylum procedures) / Refugee status determination (RSD) / Asylum procedures

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

29 June 2017 | Judicial Body: South Africa: Constitutional Court | Topic(s): Illegal immigrants / Undocumented migrants - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: South Africa

24 February 2015 | Judicial Body: South Africa: High Court | Topic(s): Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - South Africa

18 February 2015 | Judicial Body: South Africa: High Court | Topic(s): Manifestly unfounded / Clearly abusive claims - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Burundi - South Africa

26 September 2014 | Judicial Body: South Africa: High Court | Topic(s): 1951 Refugee Convention - Administrative law - Appeal / Right to appeal - Refugee status determination (RSD) / Asylum procedures - Well-founded fear of persecution | Countries: Rwanda - South Africa

27 September 2013 | Judicial Body: South Africa: Constitutional Court | Topic(s): Confidentiality - Freedom of expression - Persecution based on class/wealth/occupation - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Czech Republic - 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

10 December 1996 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Denial of refugee status - Refugee status determination (RSD) / Asylum procedures - Rejected asylum-seekers - Rule of law / Due process / Procedural fairness | Countries: South Africa