SA Migration International

News Articles

ConCourt rules Refugees Act doesn`t place time limitation on asylum applications

Source: News24, 20/12/2018

The apex court was considering the constitutionality of the Refugees
Act after Alex Ruta, a Rwandan national who entered the country
unlawfully in December 2014, applied to have a Supreme Court of
Appeal (SCA) ruling overturned.
`At issue was whether a prospective asylum seeker should be allowed
to apply for asylum at any time they might express an intention to do
so after arriving in the country, even if they have delayed,` the
Constitutional Court explained in a statement on Thursday.
Ruta initially approached the High Court when the Department of Home
Affairs moved to deport him after he was convicted and imprisoned for
traffic violations. He was undocumented when he was first arrested in
March 2016.
Ruta fought back by formally applying for asylum under the Refugees
Act, citing that his life would be in danger if he returned to
Rwanda. This application was denied by the minister of home affairs
as Ruta had taken `too long to do so`.
`With his deportation imminent, Mr Ruta applied to the High Court for
an order interdicting his deportation and granting his release so he
could apply for asylum under the Refugees Act,` the Constitutional
Court noted in its ruling.
The High Court granted this order.
The home affairs ministry headed to the SCA arguing that Ruta had
failed to apply for asylum without delay. The SCA reversed the High
Court judgment in favour of Ruta.
The SCA, in addition, also found that Ruta was disqualified from
receiving a refugee permit as he had been convicted of a crime and
was in contravention of the Immigration Act when he entered the
country unlawfully.
In a unanimous judgment, Justice Edwin Cameron overturned the SCA
ruling stating that the Refugees Act is clear that delay does not
disqualify Ruta from seeking asylum.
`The only grounds on which an application may be refused are those
set out in the Refugees Act itself.
`The Refugees Act embodies a fundamental principle under
international law â€` in terms of which one fleeing persecution has the
right to seek and enjoy asylum. This principle is the cornerstone of
refugee law and a significant doctrine of human rights law,` the
Constitutional Court ruled.

Search

Latest News

This was revealed in the 2025 Easter border operations report, which saw border management authority officials, saps officers and home affairs workers intensify efforts to prevent illegal travel into the country over the holiday period.JOHANNESBURG - Zimbabwean nationals have been identified as the leading individuals attempting to illegally gain entry into South Africa.... Read more...

THE High Court has nullified the re-registration of a birth certificate for a child born out of wedlock, ordering the Registrar-General to strike it from the records.This ruling declared the birth certificate invalid, questioning the legality of attributing paternity to a deceased man decades after his death.The dispute arose from a contested inheritance involving the late Lazarus Mkuduâs estate.Teresiah Mkudu, the applicant, sought a declaratory order to invalidate Ruvimbo Manyondaâs birth certificate, issued nearly 20 years after Mkuduâs death.... Read more...

Residents from 34 countries can now apply for a visa to South Africa online. There are now 34 countries that can apply for a visa to South Africa online, which National Treasury says will help attract more tourists and skills into the country.This was trumpeted in Wednesday`s Medium-Term Budget Policy Statement (MTBPS) as being one of the key successes of Operation Vulindlela. Operation Vulindlela is a joint initiative of the Presidency and National Treasury to assist in the acceleration of critical reforms needed to accelerate the economy.... Read more...