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Principle of non-refoulement

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6 documents
Title
Jurisdiction
Date
B A v Minister of Home Affairs and Others [2023] ZACC 16 (12 June 2023)
Reported

Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention.

 Judgment 12 June 2023
S A v Minister of Home Affairs and Another; S J v Minister of Home Affairs and Another; B I v Minister of Home Affairs and Another (A5053/2021; A5054/2021; A5055/2021) [2023] ZAGPJHC 178 (14 March 2023)
Reported
An illegal foreigner’s expression of intent to seek asylum triggers the Refugees Act and ends lawful section 34 detention.
Immigration law; Refugees Act and non‑refoulement; trigger for application — expression of intention; lawfulness of section 34 detention extinguished on intention to apply; Regulation 8(3) read as part of asylum inquiry; Regulation 8(4) ultra vires and pro non scripto; interplay of Ruta and Abore.
 Gauteng Judgment 14 March 2023
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20) [2023] ZAWCHC 18 (13 February 2023)
Reported
Court invalidates abandonment regime that strips asylum seekers (and children) of non‑refoulement protection for late visa renewal.
Refugee law — Abandonment of asylum applications — Sections 22(12)–(13) of Refugees Act, Regulation 9 and Form 3 — Conflict with non‑refoulement and children's rights — Overbroad and disproportionate limitation under section 36 — Invalidity and referral to Constitutional Court.
 Western Cape Judgment 13 February 2023
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
A R v Minister of Home Affairs (CCT 02/18) [2018] ZACC 52 (20 December 2018)
Reported
Delay does not bar asylum applications; Refugees Act (non‑refoulement) prevails and RSDO alone decides refugee status.
Refugee law — non‑refoulement and section 2 of the Refugees Act — primacy over conflicting statutes; access to asylum process — delay and false documents relevant to credibility but not absolute bars; Refugee Status Determination Officer sole authority to determine refugee status; exclusionary clause s4(1)(b) applies to crimes committed outside the refuge country; Immigration Act must be read harmoniously with the Refugees Act.
 Judgment 20 December 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