Scalabrini Centre of Cape Town and Others v The Minister of Home Affairs and Others: Submission of the Intervener, UNHCR

The central concern of UNHCR in these proceedings is the correct interpretation and application of Article 31(1) of the 1951 Convention relating to the Status of Refugees in conjunction with the right to seek asylum and the principle of non-refoulement. UNHCR submits that the impugned provisions have the effect of impermissibly penalizing irregular entry or stay by denying asylum-seekers access to a determination of their claims in line with the refugee definition in Article 1 of the 1951 Convention, and thus are at variance with South Africa’s international legal obligations.