South Africa Case Law

Director-General: The Department of Home Affairs and Others v Dekoba (224/2013)

Director-General: The Department of Home Affairs and Others v Dekoba (224/2013) [2014] ZASCA 71; 2014 (5) SA 206 (SCA); [2014] 3 All SA 529 (SCA) (28 May 2014)

Court

Supreme Court of Appeal

Case number

224/2013

Judges

Mthiyane DP, Leach JA, Wallis JA, Van Zyl AJA, Mathopo AJA

The SCA held that Ms Dekoba’s refugee appeal had not been lawfully heard, so the purported dismissal was a nullity and her asylum seeker permit had to be restored.

• Refugees Act
• Asylum Seeker Permit
• Administrative Review
• Promotion Of Administrative Justice Act
• Appeal Procedure
• Refugee-law

Ekene v Minister of Home Affairs and Another (2013/13550)

Ekene v Minister of Home Affairs and Another (2013/13550) [2013] ZAGPJHC 141 (13 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2013/13550

Judge

T.V. Ratshibvumo

The applicant, although encountered in violation of the Immigration Act and found in possession of a fraudulent permit, expressed his intention to apply for asylum through his attorneys while in detention. Regulation 2(2) of the Refugees Act entitles such persons to be issued with a temporary permit and to remain lawfully in South Africa for 14 days to approach a Refugee Reception Office. The Supreme Court of Appeal in Bula confirmed that the intention to apply for asylum need not be expressed immediately upon entry, and detention pending deportation is unlawful once such intention is communi…

Source excerpt

• Refugees Act Application
• Unlawful Detention
• Immigration Act Section 29
• Asylum Seeker Permit
• Internal Remedies Exhaustion

Iqbal v Minister of Home Affairs and Others (39302/10)

Iqbal v Minister of Home Affairs and Others (39302/10) [2013] ZAGPJHC 5; [2013] 2 All SA 455 (GSJ); 2013 (5) SA 408 (GSJ) (21 January 2013)

Court

South Gauteng High Court, Johannesburg

Case number

39302/10

Judge

Spilg

The High Court dismissed an urgent asylum-related application, holding the applicant had already applied for asylum, abandoned it, and was not entitled to reissue of a permit.

• Refugees Act
• Asylum Seeker Permit
• Doctrine Of Legality
• Detention And Deportation
• Judicial Review
• Interim Relief

Dekoba v Director-General, Department of Home Affairs and Others (26044/11)

Dekoba v Director-General, Department of Home Affairs and Others (26044/11) [2012] ZAWCHC 336 (22 October 2012)

Court

Western Cape High Court, Cape Town

Case number

26044/11

Judge

Ndita

The court held that the applicant was entitled to the protection of section 21(4) of the Refugees Act, which prohibits proceedings against asylum seekers until their applications and all internal remedies are exhausted. The withdrawal of the applicant's permit was premature, as her appeal had not been finalised and her representations were still pending. The respondents' reliance on the Immigration Act was misplaced, as the Refugees Act takes precedence in such circumstances. The applicant's temporary presence in South Africa should be regularised by the issuance of an asylum seeker permit pe…

Source excerpt

• Refugees Act
• Immigration Act
• Asylum Seeker Permit
• Exhaustion Of Internal Remedies
• Interdict
• Review Of Administrative Action

Singh v Minister of Home Affairs and Another (1467/2012)

Singh v Minister of Home Affairs and Another (1467/2012) [2012] ZAECGHC 48 (14 June 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

1467/2012

Judge

Smith

The High Court held that Singh’s arrest and detention under the Immigration Act were lawful and dismissed his urgent application for release.

• Immigration Detention
• Asylum Seeker Permit
• Procedural Fairness
• Unlawful Arrest
• Immigration-detention
• Asylum-seeker-permits