Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45 (12 December 2023)

Jurisdiction
South Africa
Citation
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45 (12 December 2023)
Media Neutral Citation
[2023] ZACC 45
Hearing date
24 August 2023
Court
Constitutional Court of South Africa
Case number
CCT 51/23
Judges
Schippers AJ, Zondo CJ, Maya DCJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Theron J, Tshiqi J, Van Zyl AJ
Judgment date
12 December 2023
Language
English
Type
Judgment
Download
Download PDF (323.1 KB)
Flynote

Refugees Act 30 of 1998 — constitutionality of subsections 22(12)
and 22(13) — provisions are unconstitutional

Failure to renew visa — resulting in deemed abandonment of
asylum application — violation of principle of non-refoulement —
infringement of right to dignity, right to just administrative action
and children’s rights — provisions arbitrary and irrational

 

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Cited documents 21

Judgment 20
  1. AB and Another v Pridwin Preparatory School and Others [2020] ZACC 12 (17 June 2020)
  2. Ahmed and Others v Minister of Home Affairs and Another (People Against Suffering Oppression and Poverty, Lawyers for Human Rights and De Saude Attorneys Inc as Amici Curiae) [2018] ZACC 39 (9 October 2018)
  3. B A v Minister of Home Affairs and Others [2023] ZACC 16 (12 June 2023)
  4. B R v D R (14189/2022) [2023] ZAWCHC 28 (17 March 2023)
  5. Bester NO and Others v Quintado 120 (Pty) Limited [2021] ZACC 49 (13 December 2021)
  6. Centre for Child Law and Others v Media 24 Limited and Others [2019] ZACC 46 (4 December 2019)
  7. D A v Minister of Home Affairs and Another [2021] ZACC 50 (30 December 2021)
  8. Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others [2000] ZACC 8 (7 June 2000)
  9. Law Society of South Africa and Others v Minister for Transport and Another [2010] ZACC 25 (25 November 2010)
  10. M v S (CCT 53/06) [2007] ZACC 18 (26 September 2007)
  11. Minister of Home Affairs and Others v Watchenuka and Others (10/2003) [2003] ZASCA 142 (28 November 2003)
  12. Minister of Home Affairs v Liebenberg [2001] ZACC 3 (8 October 2001)
  13. Mulowayi and Others v Minister of Home Affairs and Another [2019] ZACC 1 (29 January 2019)
  14. National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17 (2 December 1999)
  15. New National Party v Government of Republic of South Africa and Others [1999] ZACC 5 (13 April 1999)
  16. Phillips and Another v Director of Public Prosecutions and Others [2003] ZACC 1 (11 March 2003)
  17. Ruta v Minister of Home Affairs [2018] ZACC 52 (20 December 2018)
  18. Saidi and Others v Minister of Home Affairs and Others [2018] ZACC 9 (24 April 2018)
  19. Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others [2006] ZACC 23 (12 December 2006)
  20. Van Rooyen and Others v S and Others [2002] ZACC 8 (11 June 2002)
Legislation 1
  1. Refugees Act, 1998

Documents citing this one 0