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

9 February 2017 | Judicial Body: Kenya: High Court | Topic(s): Group / Prima facie determination - Refugee / Asylum law - Refugee camps - Refugees | Countries: Burundi - Congo, Democratic Republic of the - Eritrea - Ethiopia - Kenya - Rwanda - Somalia - South Sudan - Uganda

9 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Complementary forms of protection - Refugee / Asylum law | Countries: Ireland - Rwanda

5 November 2014 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Crimes against humanity - Extradition - Genocide - International criminal law - Right to justice | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

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

10 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Family reunification - Right to family life | Countries: France - Rwanda

25 June 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Deportation / Forcible return - Regional instruments - Rule of law / Due process / Procedural fairness | Countries: France - Rwanda

12 December 2013 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Credibility assessment - Mental health - Post-traumatic stress disorder (PTSD) | Countries: France - Rwanda

24 October 2013 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Family reunification - Hutus | Countries: Belgium - Rwanda