South Africa Case Law

Ruta v Minister of Home Affairs (CCT02/18)

Ruta v Minister of Home Affairs (CCT02/18) [2018] ZACC 52; 2019 (3) BCLR 383 (CC); 2019 (2) SA 329 (CC) (20 December 2018)

Court

Constitutional Court

Case number

CCT02/18

Judges

Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ, Theron J

The Constitutional Court held that delay in seeking asylum does not bar an applicant from accessing the asylum process under the Refugees Act. The only grounds for exclusion are those set out in section 4, and the Refugee Status Determination Officer alone is authorised to assess the merits of an application. Crimes committed within South Africa do not trigger exclusion under section 4(1)(b). The Immigration Act must be read in harmony with the Refugees Act, and the latter prevails in matters of asylum. The Supreme Court of Appeal was bound by its own precedents, which consistently held that…

Source excerpt

• Refugees Act Interpretation
• Non Refoulement
• Delay In Asylum Application
• Statutory Exclusion
• Precedent Stare Decisis