Scalabrini Centre, Cape Town and Others v Minister of Home Affairs and Others (1107/2016)
Scalabrini Centre, Cape Town and Others v Minister of Home Affairs and Others (1107/2016) [2017] ZASCA 126; [2017] 4 All SA 686 (SCA); 2018 (4) SA 125 (SCA) (29 September 2017)
The Supreme Court of Appeal held that the Director-General's decision to close the Cape Town Refugee Reception Office was irrational, unlawful, and failed to comply with section 8(1) of the Refugees Act. The decision-maker ignored relevant considerations, including the ongoing necessity of a refugee reception office in Cape Town, the inadequacy of remaining offices, and the lack of investigation into alternative premises or satellite offices. The Director-General made a material error of law by misinterpreting the permissibility of satellite offices and acted with an ulterior purpose to restr…
Source excerpt
- Refugees Act
- Rationality Review
- Ulterior Purpose
- Failure To Consider Relevant Factors
- Separation Of Powers
- Remedies For Unlawful Executive Action