South Africa Case Law

Minister of Home Affairs v Ruta (30/2017)

Minister of Home Affairs v Ruta (30/2017) [2017] ZASCA 186; [2018] 1 All SA 682 (SCA); 2018 (2) SA 450 (SCA) (13 December 2017)

Court

Supreme Court of Appeal

Case number

30/2017

Judges

Bosielo, Seriti, Willis, Mocumie, Schippers

The majority held that the respondent failed to apply for asylum in terms of section 21 of the Refugees Act and did not do so without delay as required by regulation 2(1)(a). He had ample opportunity to approach a Refugee Reception Office but instead remained in the country illegally, secured employment, and relied on fraudulent asylum seeker permits. Consequently, he was not protected by the Refugees Act or its regulations. The respondent also contravened sections 9 and 49(i) of the Immigration Act by entering South Africa at a place other than a port of entry and remaining in the country un…

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• Refugees Act
• Immigration Act
• Asylum Application
• Exclusion From Refugee Status
• Fraudulent Documents

Okoroafor v Minister of Home Affairs and Another (3536/2016)

Okoroafor v Minister of Home Affairs and Another (3536/2016) [2016] ZAECPEHC 85; 2017 (3) SA 290 (ECP) (18 October 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3536/2016

Judge

Eksteen

The court held that the exclusion in section 4(1)(b) of the Refugees Act applies only to crimes committed outside South Africa prior to arrival, not to offences committed within South Africa after entry. The decision to exclude an applicant from refugee status under section 4(1)(b) does not lie with individual immigration officers but with the Minister or delegated authority. The applicant did not expressly or tacitly waive his right to apply for asylum; fraudulent conduct and delay do not constitute waiver. Regulation 2(2) of the Refugees Act requires that any illegal foreigner who indicates…

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• Refugees Act Interpretation
• Regulation 2 2 Permit
• Exclusion From Refugee Status
• Waiver Of Asylum Rights
• Unlawful Detention

Gavric v Refugee Status Determination Officer, Cape Town and Others (3474/13)

Gavric v Refugee Status Determination Officer, Cape Town and Others (3474/13) [2016] ZAWCHC 36; [2016] 2 All SA 777 (WCC) (6 April 2016)

Court

Western Cape High Court, Cape Town

Case number

3474/13

Judge

Mantame

The High Court dismissed a review of the refusal to grant refugee status, upheld exclusion under section 4(1)(b) of the Refugees Act, and refused substitution or declaratory relief.

• Refugees Act
• Exclusion From Refugee Status
• Constitutional Invalidity
• Non Refoulement
• Promotion Of Administrative Justice Act
• Judicial Review

Power v Minister of Home Affairs and Others (2013/14516)

Power v Minister of Home Affairs and Others (2013/14516) [2013] ZAGPJHC 146 (13 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2013/14516

Judge

T.V. Ratshibvumo

The applicant failed to establish entitlement to refugee status or an asylum seeker permit due to his conviction for armed robbery, which excludes him under section 4(1)(b) of the Refugees Act. The court found no evidence that he voiced an intention to apply for asylum during detention or that he met the requirements for such status. However, the applicant's detention exceeded the statutory maximum of 30 days without a court warrant, rendering it unlawful under section 34 of the Immigration Act. The respondents' difficulties in identification did not justify ignoring statutory requirements. T…

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• Refugees Act
• Immigration Act Detention
• Unlawful Detention
• Constitutional Rights
• Exclusion From Refugee Status