Case Law

i) an Order pursuant to s.4 Human Rights Act 1998 declaring that sections 20-37 of the Immigration Act 2014 are incompatible with Article 14 ECHR in conjunction with Article 8 ECHR; and 56 ii) An Order declaring that a decision by the Defendant to commence the Scheme represented by sections 20-37 of the Immigration Act 2014 in Scotland, Wales or Northern Ireland without further evaluation of its efficacy and discriminatory impact would be irrational and would constitute a breach of s. 149 Equality Act 2010.

1 March 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Discrimination based on race, nationality, ethnicity - Housing, land and property rights (HLP) - Illegal immigrants / Undocumented migrants - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

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

15 December 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - Right to liberty and security | Countries: Italy - Tunisia

24 February 2015 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Access to procedures - Border crossers - Expulsion - Illegal immigrants / Undocumented migrants - Immigration Detention - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Rejection at border - Rescue at sea / Interception at sea | Countries: Italy - Nigeria

16 December 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Illegal immigrants / Undocumented migrants - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

13 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal entry - Illegal immigrants / Undocumented migrants - Prison or detention conditions - Right to liberty and security | Countries: Bangladesh - Greece