Delay in applying for asylum does not disqualify application, court rules
The Constitutional Court, referring to the Refugees Act, made the ruling, in which it overturned a successful appeal to the SCA
A delay in applying for asylum in SA does not disqualify such an application, the Constitutional Court ruled on Thursday. The question the court had to answer was whether a prospective asylum seeker should be allowed to apply for asylum at any time they express an intention to do so, even when they have delayed the application. It also looked at whether an asylum seeker who has been convicted of a crime committed within SA, is barred from applying for asylum. The apex court, in a unanimous judgment, overturned a ruling by the Supreme Court of Appeal (SCA) on the matter. In the judgment, penned by justice Edward Cameron, the court held that the only grounds on which an application may be refused was those set out in the Refugees Act itself, The court, however, emphasised that delay may still be relevant in evaluating the authenticity of the applicant’s claim. It also made it clear that the Refugees Act was the only pertinent statute to determine who may seek asylum and who is entitle...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.