A.I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059/18) [2019] ZAWCHC 114 (2 September 2019)

A.I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059/18) [2019] ZAWCHC 114 (2 September 2019)

The court found that the applicants, as bona fide asylum seekers wishing to lodge new applications based on changed circumstances in Burundi, are entitled to have their applications considered and to be issued section 22 permits pending the outcome. The respondents' refusal to accept the applications and issue permits constitutes administrative action subject to review under PAJA. The court rejected the respondents' argument that the Immigration Act overrides the Refugees Act, holding that the statutes must be read harmoniously and that the Refugees Act specifically governs the rights and procedures for asylum seekers. The applicants demonstrated urgency, a clear right to relief,...

Citation
[2019] ZAWCHC 114
Parties
Applicant: A I; Applicant: S B; Applicant: A N; Respondent: Director of Asylum Seeker Management: Department of Home Affairs; Respondent: Cape Town Refugee Reception Office Manager; Respondent: Minister of Home Affairs; Respondent: Director-General of the Department of Home Affairs; Respondent: Chairperson of the Standing Committee for Refugee Affairs
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 September 2019
Case Number
22059/18
Procedural Posture
Urgent Application / Interim Relief Pending Main Application
Outcome
Application granted. The applicants' non-compliance with the rules is condoned; the application is heard as urgent; respondents are directed to issue section 22 permits to the applicants pending final determination of the main application; costs awarded to applicants.
Judges
P A Myburgh
Legal Topics
Refugees Act, Interim Interdict, Promotion of Administrative Justice Act, Non Refoulement, Urgent Application
Administrative Law Civil Procedure Refugees Act Interim Interdict Promotion of Administrative Justice Act Non Refoulement Urgent Application

Case Brief

Summary, issues, holding and outcome

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Parties

A I

Applicant

S B

Applicant

A N

Applicant

Director of Asylum Seeker Management: Department of Home Affairs

Respondent

Cape Town Refugee Reception Office Manager

Respondent

Minister of Home Affairs

Respondent

Director-General of the Department of Home Affairs

Respondent

Chairperson of the Standing Committee for Refugee Affairs

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Main Application

Legal Issues

  1. 1 Whether the applicants are entitled to section 22 permits pending the final determination of their asylum applications.
  2. 2 Whether the respondents' refusal to consider new asylum applications and issue section 22 permits is lawful.
  3. 3 Whether the Immigration Act overrides the Refugees Act in the context of asylum seekers seeking interim relief.

Ratio Decidendi

The court found that the applicants, as bona fide asylum seekers wishing to lodge new applications based on changed circumstances in Burundi, are entitled to have their applications considered and to be issued section 22 permits pending the outcome. The respondents' refusal to accept the applications and issue permits constitutes administrative action subject to review under PAJA. The court rejected the respondents' argument that the Immigration Act overrides the Refugees Act, holding that the statutes must be read harmoniously and that the Refugees Act specifically governs the rights and procedures for asylum seekers. The applicants demonstrated urgency, a clear right to relief,...

Court Disposition

Application granted. The applicants' non-compliance with the rules is condoned; the application is heard as urgent; respondents are directed to issue section 22 permits to the applicants pending final determination of the main application; costs awarded to applicants.

Orders

  • The applicants' non-compliance with the Uniform Rules of Court is condoned and the application is heard on an urgent basis.
  • The first to fourth respondents are directed to issue the applicants with permits in terms of section 22 of the Refugees Act, 130 of 1998, which permits are to be extended from time to time as necessary until final determination of the main application.