Asylum-migration nexus / Illegal immigrants / Undocumented migrants

19 January 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

i) an Order pursuant to s.4 Human Rights Act 1998 declaring that sections 20-37 of the Immigration Act 2014 are incompatible with Article 14 ECHR in conjunction with Article 8 ECHR; and 56 ii) An Order declaring that a decision by the Defendant to commence the Scheme represented by sections 20-37 of the Immigration Act 2014 in Scotland, Wales or Northern Ireland without further evaluation of its efficacy and discriminatory impact would be irrational and would constitute a breach of s. 149 Equality Act 2010.

1 March 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Housing, land and property rights (HLP) - Illegal immigrants / Undocumented migrants - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

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 | Document type: Case Law | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Refugee status determination (RSD) / Asylum procedures - Serious non-political crime | Countries: Rwanda - South Africa