Administrative Law – LawLibrary

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9 documents

Title	Jurisdiction		Date
C N and Others v Standing Committee for Refugee Affairs and Others (75188/2019) [2022] ZAGPPHC 1185 (14 February 2022) Review of SCRA withdrawal of refugee status dismissed due to misleading submissions and failure to justify procedural delay. Refugee law – withdrawal of refugee status under s36 read with s5(1)(e) – review confined to administrative record – PAJA condonation – misrepresentation/irrelevant country evidence – procedural fairness.	Gauteng	Judgment	14 February 2022
D A v Minister of Home Affairs and Another [2021] ZACC 50 (30 December 2021) Reported An aspirant asylum seeker who expresses intent must be afforded an opportunity to apply; non‑refoulement prevails despite amendments. Refugee law — applicability of Refugees Amendment Act (2017) and new Regulations — interaction with section 2 non‑refoulement; whether an illegal foreigner who expresses an intention to apply for asylum must be afforded the opportunity to apply; effect of delay in evincing intention; requirement for immigration officer interview and showing good cause for lack of asylum transit visa; lawfulness of detention.		Judgment	30 December 2021
A I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059 of 2018) [2019] ZAWCHC 114 (2 September 2019) Applicants whose new asylum applications were refused are entitled to section 22 permits pending determination of their claims. Refugee law – section 22 asylum seeker permits – entitlement where State refuses to accept/consider new (sur place) asylum applications; administrative law – failure to take a decision reviewable under PAJA; relationship between Refugees Act and Immigration Act – Refugees Act not displaced; interim relief/urgency.	Western Cape	Judgment	2 September 2019
Ahmed and Others v Minister of Home Affairs and Another [2018] ZACC 39 (9 October 2018) Reported A departmental directive banning asylum seekers' visa and in‑country permanent‑residence applications is ultra vires and invalid. Immigration law — Immigration Directive 21 of 2015 — ultra vires to the extent it imposes a blanket ban on asylum seekers applying for visas; Refugee law — interplay between Refugees Act and Immigration Act — asylum seekers' eligibility to apply for permits and ability to seek exemptions under s31(2)(c); Administrative law — directives and reviewability; Regulation 23 — in‑country applications for permanent residence.		Judgment	9 October 2018
D G v Refugee Status Determination Officer, Cape Town and Others (CCT 217/16) [2018] ZACC 38 (28 September 2018) Reported The court held section 4(1)(b) of the Refugees Act constitutional, but found procedural unfairness in excluding the applicant. Refugees Act – Section 4(1)(b) exclusion – Constitutionality – Procedural fairness in asylum decisions – Internal remedies and appeals.		Judgment	28 September 2018
Saidi and Others v Minister of Home Affairs and Others [2018] ZACC 9 (24 April 2018) Reported An RRO may extend an asylum permit pending PAJA review; majority held renewal is obligatory until review finalises. Refugee law – interpretation of section 22(1) and (3) of the Refugees Act – whether ‘outcome’ includes PAJA judicial review – non‑refoulement and purposive/constitutional statutory interpretation – obligation v discretion of Refugee Reception Officer to extend temporary permits pending review – protection of access to court, life, dignity and freedom and security of the person.		Judgment	24 April 2018
Minister of Home Affairs and Others v Somali Association of South Africa Eastern Cape (SASA EC) and Another (831/2013) [2015] ZASCA 35 (25 March 2015) Reported Director‑General’s closure of a refugee reception office was unlawful, irrational and required restoration plus supervisory reporting. Administrative law – Refugees Act – closure of Refugee Reception Office – duty to consult interested parties before deciding to close – requirement of rationality and decision‑making free of material mistake of fact; contempt/non‑compliance with court orders – appropriateness of supervisory/structural relief and reporting obligations; access to asylum procedures and protection of vulnerable asylum seekers.		Judgment	25 March 2015
Minister of Home Affairs and Others v Scalabrini Centre, Cape Town and Others (360/13; 735/12) [2013] ZASCA 134 (27 September 2013) Reported Closure of a refugee reception office was unlawful for irrational decision-making and failure to consult affected stakeholders. Refugees Act – establishment and closure of Refugee Reception Offices – s 8(1) consultation requirement with Standing Committee. Administrative law – whether policy-laden executive decisions constitute ‘administrative action’ under PAJA – separation of powers considerations. Doctrine of legality – rationality review requires decision-making processes to be rationally connected to statutory purpose. Procedural fairness – circumstances may require consultation with organisations with special knowledge; failure to consult can vitiate the decision. Remedy – setting aside of unlawful decision and remittal for reconsideration rather than direct judicial imposition of policy outcome.		Judgment	27 September 2013
Director: Mineral Development, Gauteng Region and Another v Save the Vaal Environment and Others (133/1998) [1999] ZASCA 9 (12 March 1999) Reported		Judgment	12 March 1999