South Africa Case Law

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024)

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024) [2025] ZAWCHC 226 (29 May 2025)

Court

Western Cape High Court, Cape Town

Case number

23987/2024

Judge

Da Silva Salie

The Court found that the reasons provided by the RSDO for rejecting the First Applicant's asylum application were unintelligible, internally contradictory, and factually incoherent. The RSDO accepted the criminalisation of homosexuality and the applicant's prior conviction and imprisonment, yet dismissed the credibility of his fear of future persecution. The reasoning failed to engage with the applicant's circumstances, disregarded objective country conditions, and did not reference relevant international materials. The RSDO's decision reflected a profound misunderstanding of the legal standa…

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• Promotion Of Administrative Justice Act
• Refugees Act
• Exceptional Circumstances Exemption
• Intelligibility Of Administrative Decision
• Lgbtqia Rights
• Judicial Review

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (8684/2024)

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (8684/2024) [2025] ZAWCHC 202 (15 May 2025)

Court

Western Cape High Court, Cape Town

Case number

8684/2024

Judges

J Cloete, L Nuku, S Kholong

The court found that the impugned provisions of the Refugees Act and its regulations create a threshold barrier that requires asylum seekers to justify procedural non-compliance before their applications can be assessed on the merits. This mechanism unjustifiably limits the right to non-refoulement, which is absolute under both domestic and international law, and undermines the constitutional rights of children by tying their fate to the procedural compliance of their parents. The court held that the discretion afforded to immigration and refugee status determination officers is unguided and…

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• Non Refoulement
• Refugees Act
• Children S Rights
• International Law Obligations
• Procedural Exclusion
• Constitutional Invalidity

N.R and Others v Director General: Home Affairs and Another (21762/2024)

N.R and Others v Director General: Home Affairs and Another (21762/2024) [2025] ZAWCHC 189 (5 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21762/2024

Judge

Pangarker

The court refused exemption from exhausting internal remedies under PAJA and dismissed a review of rejected asylum decisions by Ukrainian applicants.

• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Refugees Act
• Non Refoulement
• Adequate Reasons
• Judicial Review

Dogiso v Minister of Home Affairs and Others (11106/2024 ; 15223/2024 ; 15224/2024 ; D15226/2024 ; D15311/2024 ; D15485/2024 ; D15526/2024)

Dogiso v Minister of Home Affairs and Others (11106/2024 ; 15223/2024 ; 15224/2024 ; D15226/2024 ; D15311/2024 ; D15485/2024 ; D15526/2024) [2025] ZAKZDHC 25 (30 April 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

11106/2024

Judge

P Wallis

High Court judgment on multiple refugee matters criticising template affidavits, defective commissioning, and vague review papers, while making limited procedural orders.

• Refugees Act
• Commissioning Of Affidavits
• Promotion Of Administrative Justice Act
• Access To Court
• Interdictory Relief
• Review Of Administrative Action

M.K v Minister of Home Affairs (2025-046181)

M.K v Minister of Home Affairs (2025-046181) [2025] ZAGPPHC 468 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-046181

Judge

GN Moshoana

The court held that it is not empowered to suspend a Form 23 notice issued in the exercise of statutory power under the Immigration Act, absent a judicial review. The applicant's entitlement to an asylum permit expired upon rejection of his asylum claim and appeal; thus, the court cannot order the extension of a non-existent permit. The applicant failed to demonstrate a clear right to a final interdict, as a pending review application does not constitute a protectable right. The rights of the minor children were not properly pleaded or substantiated in the papers, and there was no evidence th…

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• Immigration Act
• Refugees Act
• Interim Interdict
• Judicial Review
• Statutory Powers
• Urgent Application

Ahmed and Another v Refugee Status Determination Officer and Others (077702/2023)

Ahmed and Another v Refugee Status Determination Officer and Others (077702/2023) [2025] ZAGPPHC 220 (4 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

077702/2023

Judge

GN Moshoana

The court held that applicants must first approach the Refugee Reception Officer for an asylum permit and cannot seek mandamus relief without evidence of refusal.

• Refugees Act
• Mandamus
• Judicial Review
• Statutory Powers
• Asylum Permit
• Administrative-law

Sattar and Others v Minister of Home Affairs and Another (144037/2024)

Sattar and Others v Minister of Home Affairs and Another (144037/2024) [2025] ZAWCHC 5 (9 January 2025)

Court

Western Cape High Court, Cape Town

Case number

144037/2024

Judge

Andrews

The court found that the applicants, despite delays and procedural irregularities, have a prima facie right to apply for asylum under the Refugees Act. The principle of non-refoulement, enshrined in both domestic and international law, protects them from deportation until their asylum applications are determined. The Form 23 notices were issued without affording the applicants the required interview to show good cause for their illegal entry or stay, as mandated by section 21(1B) of the Refugees Amendment Act and Regulation 8. The delay in expressing intention to seek asylum does not disquali…

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• Refugees Act
• Non Refoulement
• Urgent Interdict
• Immigration Act
• Right To Freedom And Security
• Good Cause Requirement

Ziaul and Others v Minister of Home Affairs and Another (136725/2024)

Ziaul and Others v Minister of Home Affairs and Another (136725/2024) [2024] ZAGPPHC 1316 (17 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

136725/2024

Judge

T E Joyini

The court found the application to be urgent due to the applicants' risk of arrest, detention, and deportation following the expiry of their permits and the respondents' failure to respond to extension requests. The respondents' inaction constitutes a failure to make a decision, which is reviewable under PAJA. The court relied on Constitutional Court authority confirming that the extension of asylum seeker permits is automatic and not subject to discretion, and that any deemed abandonment provisions are unconstitutional. The respondents are obliged to respond and extend the applicants' permit…

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• Refugees Act
• Failure To Make A Decision
• Urgent Interdict
• Automatic Extension Of Permit
• Non Refoulement

Orie v Minister of Home Affairs and Others (136642/2024)

Orie v Minister of Home Affairs and Others (136642/2024) [2024] ZAGPPHC 1321 (17 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

136642/2024

Judge

E Joyini

The court protected an asylum seeker from deportation pending final determination of refugee status, but refused release from detention because it was authorised by a valid court order.

• Refugees Act
• Non Refoulement
• Judicial Review
• Unlawful Detention
• Non-refoulement
• Asylum-seeker-detention

Paul v Minister of Home Affairs and Others (2024/120786)

Paul v Minister of Home Affairs and Others (2024/120786) [2024] ZAGPJHC 1319 (13 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/120786

Judge

D. Mahosi

The court held that the applicant’s mere expression of intention to apply for asylum does not entitle him to release from detention. His arrest and detention for contravention of section 49(1)(a) of the Immigration Act are lawful and do not violate the non-refoulement principle in section 2 of the Refugees Act. The applicant must first show good cause for his illegal entry and stay, as required by section 21(1B) of the Refugees Act and Regulation 8(3). Only if he succeeds and lodges an asylum application may he be issued with an asylum seeker visa, which would then entitle him to remain in So…

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• Refugees Act
• Non Refoulement
• Unlawful Detention
• Urgent Interdict
• Immigration Act
• Judicial Review