Ruta v Minister of Home Affairs [2018] ZACC 52

Document source:

South Africa: Constitutional Court
Date:
20 December 2018

In this section

Title

Ruta v Minister of Home Affairs [2018] ZACC 52

Document source

South Africa: Constitutional Court

Date

20 December 2018

Document type

Collection

Country

South Africa

Rwanda

Keywords

Deportation / Forcible return

Illegal immigrants / Undocumented migrants

Refugee status determination (RSD) / Asylum procedures

Serious non-political crime

Comments:

At issue are the reach of the Refugees Act and of the Immigration Act as well as the interplay between these two statutes; the effect of delay on entitlement to apply for refugee status; the operation of the exclusionary provisions of the Refugees Act, particularly section 4(1)(b); and whether this section applies only to crimes committed outside South Africa. Also at issue is the fidelity of the Supreme Court of Appeal to its own judgments and whether in this case commitment to precedent (stare decisis) was breached.

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