Title Gavrić v Refugee Status Determination Officer, Cape Town and Others [2018] ZACC 38
Publisher South Africa: Constitutional Court
Publication Date 28 September 2018
Country Serbia | South Africa
Topics Exclusion clauses | Extradition | Serious non-political crime
Cite as Gavrić v Refugee Status Determination Officer, Cape Town and Others [2018] ZACC 38, South Africa: Constitutional Court, 28 September 2018, available at: https://www.refworld.org/cases,ZAF_CC,5d7bb9294.html [accessed 26 October 2019]
Comments 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.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.