Protection of asylum seekers and of children facing lifelong statelessness highlighted in two significant South African decisions – case note extracts

Asylum seekers face huge obstacles trying to reach a country that can offer them refuge. One of their greatest challenges is the risk of detention on arrival because their entry to the country is unauthorised. Now a landmark judgment reinforces protection of asylum seekers and respect for their right to seek and enjoy asylum even if they are in the country unlawfully, while the state’s responsibility in cases of statelessness, another major problem for refugees, is considered in a second decision.