South Africa: Constitutional Court Stops Deportation of Asylum Seekers
The ruling says immigration officers had too much discretion and exposed vulnerable applicants to deportation before their asylum claims were heard.
6 Articles
6 Articles
ConCourt affirms asylum seekers’ rights as expert says ruling upholds rule of law
The Constitutional Court has struck down parts of South Africa’s Refugees Act, ruling that asylum seekers cannot be denied the opportunity to apply for refugee status simply because they failed to meet procedural requirements. The landmark judgment has been welcomed by migration experts, who say it reinforces the rule of law and protects vulnerable people from being unfairly excluded from the asylum system. In a unanimous judgment delivered …
Constitutional Court strikes down 'good cause' requirement for asylum seekers
By Akani Nkuna The Constitutional Court has ruled that asylum seekers and their children cannot be denied access to South Africa’s asylum system solely because of procedural failures, declaring key provisions of the Refugees Act and Refugee Regulations unconstitutional. In a unanimous judgment handed down on Wednesday, the apex court found that protection against persecution must take precedence over administrative technicalities, reaffirming th…
Court ruling won't stop most deportations, here's who it protects
By Anita Dangazele The Constitutional Court ruled that asylum seekers cannot be turned away for missing paperwork, deadlines, or using unofficial border crossings. The ruling does not change the law for undocumented migrants who are not applying for refugee status in South Africa. South Africa’s highest court ruled on Tuesday, 7 July, that people fleeing persecution cannot be turned away from the asylum system for missing paperwork or deadline…
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