|
Title
|
Jurisdiction |
Date
|
|
Review of SCRA withdrawal of refugee status dismissed due to misleading submissions and failure to justify procedural delay.
Refugee law – withdrawal of refugee status under s36 read with s5(1)(e) – review confined to administrative record – PAJA condonation – misrepresentation/irrelevant country evidence – procedural fairness.
|
South Africa
· Gauteng
|
14 February 2022 |
|
An aspirant asylum seeker who expresses intent must be afforded an opportunity to apply; non‑refoulement prevails despite amendments.
Refugee law — applicability of Refugees Amendment Act (2017) and new Regulations — interaction with section 2 non‑refoulement; whether an illegal foreigner who expresses an intention to apply for asylum must be afforded the opportunity to apply; effect of delay in evincing intention; requirement for immigration officer interview and showing good cause for lack of asylum transit visa; lawfulness of detention.
|
South Africa
|
30 December 2021 |
|
Applicants whose new asylum applications were refused are entitled to section 22 permits pending determination of their claims.
Refugee law – section 22 asylum seeker permits – entitlement where State refuses to accept/consider new (sur place) asylum applications; administrative law – failure to take a decision reviewable under PAJA; relationship between Refugees Act and Immigration Act – Refugees Act not displaced; interim relief/urgency.
|
South Africa
· Western Cape
|
2 September 2019 |
|
A departmental directive banning asylum seekers' visa and in‑country permanent‑residence applications is ultra vires and invalid.
Immigration law — Immigration Directive 21 of 2015 — ultra vires to the extent it imposes a blanket ban on asylum seekers applying for visas; Refugee law — interplay between Refugees Act and Immigration Act — asylum seekers' eligibility to apply for permits and ability to seek exemptions under s31(2)(c); Administrative law — directives and reviewability; Regulation 23 — in‑country applications for permanent residence.
|
South Africa
|
9 October 2018 |
|
The court held section 4(1)(b) of the Refugees Act constitutional, but found procedural unfairness in excluding the applicant.
Refugees Act – Section 4(1)(b) exclusion – Constitutionality – Procedural fairness in asylum decisions – Internal remedies and appeals.
|
South Africa
|
28 September 2018 |
|
An RRO may extend an asylum permit pending PAJA review; majority held renewal is obligatory until review finalises.
Refugee law – interpretation of section 22(1) and (3) of the Refugees Act – whether ‘outcome’ includes PAJA judicial review – non‑refoulement and purposive/constitutional statutory interpretation – obligation v discretion of Refugee Reception Officer to extend temporary permits pending review – protection of access to court, life, dignity and freedom and security of the person.
|
South Africa
|
24 April 2018 |
|
Director‑General’s closure of a refugee reception office was unlawful, irrational and required restoration plus supervisory reporting.
Administrative law – Refugees Act – closure of Refugee Reception Office – duty to consult interested parties before deciding to close – requirement of rationality and decision‑making free of material mistake of fact; contempt/non‑compliance with court orders – appropriateness of supervisory/structural relief and reporting obligations; access to asylum procedures and protection of vulnerable asylum seekers.
|
South Africa
|
25 March 2015 |
|
Closure of a refugee reception office was unlawful for irrational decision-making and failure to consult affected stakeholders.
* Refugees Act – establishment and closure of Refugee Reception Offices – s 8(1) consultation requirement with Standing Committee.
* Administrative law – whether policy-laden executive decisions constitute ‘administrative action’ under PAJA – separation of powers considerations.
* Doctrine of legality – rationality review requires decision-making processes to be rationally connected to statutory purpose.
* Procedural fairness – circumstances may require consultation with organisations with special knowledge; failure to consult can vitiate the decision.
* Remedy – setting aside of unlawful decision and remittal for reconsideration rather than direct judicial imposition of policy outcome.
|
South Africa
|
27 September 2013 |
|
|
South Africa
|
12 March 1999 |
