Case Law

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

This matter engages the jurisdiction of this Court as it involves a constitutional challenge to section 4(1)(b) of the Act. Beyond this, it raises arguable points of law of general public importance, such as the definition of a political crime, the proper interpretation and application of the “exclusion clause”, whether an internal appeal process is available to an excluded person under the Act, as well as what the rights are of an excluded person who may be persecuted upon returning to her country of origin. These are issues of great importance to asylum seekers and refugees, and impact their right to fair administrative action.

28 September 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Exclusion clauses - Extradition - Serious non-political crime | Countries: Serbia - South Africa

the term "particularly serious crime" concerns only criminal offenses that objectively violate particularly important legal interests. Typically, serious crimes include homicides, rape, child abuse, arson, drug trafficking, armed robbery, and the like.

5 April 2018 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Legal Instrument: 1951 Refugee Convention | Topic(s): Exclusion clauses - Serious non-political crime | Countries: Austria - Syrian Arab Republic

4 March 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Ahmadis - Credibility assessment - Freedom of religion - Religious discrimination - Religious persecution (including forced conversion) - Serious non-political crime - Social group discrimination - Social group persecution - Transgression of social / cultural norms | Countries: Australia - Pakistan

30 October 2014 | Judicial Body: Canada: Supreme Court | Topic(s): Exclusion clauses - Human rights law - Serious non-political crime | Countries: Canada - Cuba

28 February 2014 | Judicial Body: Canada: Federal Court | Topic(s): Denial of refugee status - Domestic violence - Serious non-political crime | Countries: Canada - Nigeria - United States of America

10 February 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Exclusion clauses - Female genital mutilation (FGM) - Serious non-political crime | Countries: Netherlands - Sierra Leone

27 September 2013 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Exclusion clauses - Serious non-political crime | Countries: Lebanon - Netherlands

5 August 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

Appeal dismissed on grounds that the applicant’s actions as a member of a group that burned passenger buses and cars, threw stones, and disrupted the economic activity of merchants in the market, while pretending to be from the opposition party in order to discredit such party, reached the level of serious criminal conduct which outweighed its political nature and therefore constituted a serious nonpolitical crime.

11 September 2012 | Judicial Body: United States Board of Immigration Appeals | Countries: Côte d'Ivoire - United States of America