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 9 November 2021] |
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. |
Disclaimer | This 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. |