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26 documents
Title
Jurisdiction
Date
Gauteng Judgment 14 March 2023
Gauteng Judgment 14 February 2022
Reported
Judgment 30 December 2021

Applications for refugee status – duty on decision-maker to assist asylum
seeker to obtain as full a picture as possible on which to predicate a decision – information
and evidence to be gathered or acquired in terms of the provisions of the Refugees Act
130 of 1998, the regulations and in accordance with the UNHCR Handbook – regard to
be had to the provisions of both s 3(a) and 3(b) of the Act – persecution too narrowly
viewed – onus to show that statutory requirements met on applicant but has to be viewed
with regard to a range of factors – applicant must be afforded an opportunity to confront
and deal with adverse factors that might weigh against him or her – Refugee Appeal
Board (RAB) and high court failed to consider that appeal was one in the wide sense –
RAB failed to observe fundamental administrative law principles – decisions set aside –
no basis for substitution order – structural interdict not warranted

Judgment 23 September 2021
Eastern Cape Judgment 12 December 2019
Reported

Asylum seeker applications - effect of delay - relevance of criminal record in South Africa - overriding principle of non-refoulement

Delay does not impede right to asylum - only the Refugee Status Determination Officer is authorised to consider application merits - Immigrant Act must be read in harmony with the Refugees Act and international law

Judgment 20 December 2018
Reported
Judgment 9 October 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
Reported
Judgment 24 April 2018
Reported
Judgment 1 December 2016
Reported
Judgment 18 February 2016
Judgment 29 May 2015
Judgment 25 March 2015
Reported
Judgment 27 September 2013
Reported
Judgment 27 September 2013
Eastern Cape Judgment 3 July 2012
Gauteng Judgment 22 September 2011
Judgment 31 March 2009
Judgment 27 November 2008
Reported
Judgment 12 December 2006
Reported
Judgment 9 March 2004
Reported

Human rights and fundamental freedoms - Bill of Rights- access to healthcare - the availability and affordability of medical services, medication, and treatment for HIV positive mothers and their unborn children.

Judgment 4 April 2002
Reported
Judgment 8 October 2001
Reported

Human rights and fundamental freedoms - Bill of Rights - violation of the right to equality, human dignity and fair labour practices

Judgment 28 September 2000
Reported
Judgment 7 June 2000
Reported
Judgment 26 November 1997