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

Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13 of 2002 — inconsistent with Immigration Act — invalid

9 October 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Residence permits / Residency - Visas | Countries: 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

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

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

20 September 2010 | Judicial Body: South Africa: Constitutional Court | Topic(s): Constitutional law - Extradition | Countries: 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

12 December 2006 | Judicial Body: South Africa: Constitutional Court | Topic(s): Refugees - Right to employment - Social group discrimination | Countries: Congo, Democratic Republic of the - South Africa

12 December 2006 | Judicial Body: South Africa: Constitutional Court | Topic(s): Right to employment | Countries: South Africa

4 August 2004 | Judicial Body: South Africa: Constitutional Court | Topic(s): Human rights and fundamental freedoms | Countries: South Africa