South Africa Case Law

Ashebo v Minister of Home Affairs and Others (CCT 250/22)

Ashebo v Minister of Home Affairs and Others (CCT 250/22) [2023] ZACC 16; 2023 (5) SA 382 (CC); 2024 (2) BCLR 217 (CC) (12 June 2023)

Court

Constitutional Court

Case number

CCT 250/22

Judges

Maya DCJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Mathopo J, Potterill AJ, Rogers J, Theron J

The Constitutional Court held that the applicant, an illegal foreigner who expressed an intention to apply for asylum, must be afforded an opportunity to do so, in line with the principle of non-refoulement and established precedent. Delay in expressing intention does not bar access to the asylum process, though it may affect credibility, which is for the Refugee Status Determination Officer to assess. The legislative amendments do not override the constitutional and international obligations to protect asylum seekers. The applicant's continued detention, without reasonable steps taken by the…

Source excerpt

• Non Refoulement
• Illegal Foreigner Detention
• Refugee Status Determination
• Section 12 Rights
• Refugees Act Interpretation
• Immigration Act Application