A.I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059/2018) [2022] ZAWCHC 271 (27 June 2022)

Parties

Procedural Posture

Review Application / Final Judgment

Legal Issues

1. 1 Whether the applicants have a clear right to resubmit an asylum application after final rejection and confirmation by the Standing Committee for Refugee Affairs.
2. 2 Whether the respondents are obliged to accept a second asylum application based on sur place refugee claims.
3. 3 Whether the refusal to accept a second asylum application is inconsistent with the Refugees Act, the Constitution, and international law, particularly the principle of non-refoulement.

Ratio Decidendi

The court held that the Refugees Act does not confer a clear right to resubmit an asylum application after the original application has been finally determined and confirmed by the Standing Committee for Refugee Affairs. The applicants accepted the rejection of their initial applications and did not pursue judicial review. The court found that the applicants' interpretation of the Act, which would allow indefinite resubmission of asylum applications, is inconsistent with the statutory scheme, undermines the finality of decisions, and would render key provisions of the Refugees Act and Immigration Act ineffective. The principle of non-refoulement endures only until the final determination...

Court Disposition

Application dismissed for first and third applicants; second applicant's application struck from the roll; no order as to costs.

Orders

• The application of the second applicant is struck from the roll.
• If the second applicant presents herself to the second respondent, she must be given an opportunity to contact and consult with her attorney.