Z A and Others v Minister of Home Affairs and Others (40089/2019)
Z A and Others v Minister of Home Affairs and Others (40089/2019) [2019] ZAGPJHC 526 (29 November 2019)
The court found that the applicants, upon arrest and through their attorneys, indicated their intention to apply for asylum. The respondents failed to justify the continued detention, as the regulatory framework of the Refugees Act requires release and issuance of a temporary permit once such intention is communicated. The court held that disclosure of grounds for persecution is not required in public court documents due to confidentiality provisions, and that the responsibility for investigating such grounds lies with the Refugee Reception Officer during the asylum process. The applicants' d…
Source excerpt
- Refugees Act
- Unlawful Detention
- Asylum Seekers
- Section 22 Permit
- Constitutional Right To Freedom
- Regulation 2 2