Abdi and Another v Minister of Home Affairs and Others (734/2010)
Abdi and Another v Minister of Home Affairs and Others (734/2010) [2011] ZASCA 2; 2011 (3) SA 37 (SCA); [2011] 3 All SA 117 (SCA) (15 February 2011)
The Supreme Court of Appeal held that the appellants, as a recognised refugee and an asylum seeker, were entitled to re-admission and protection in South Africa under the Refugees Act and the Constitution. The court rejected the respondents' argument that detention in the Inadmissible Facility placed the appellants outside South African jurisdiction, affirming that constitutional rights apply to all persons physically present in the country. The respondents' refusal to admit the appellants and issue appropriate permits was unlawful, as it contravened both domestic and international legal obli…
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- Refugees Act
- Right Of Entry
- Jurisdiction Of Courts
- International Refugee Law
- Constitutional Rights
- Promotion Of Administrative Justice Act