Home Affairs defied court on refugee release – LHR

South Africa's Department of Home Affairs has failed to comply with a court order that allowed the release of a Syrian refugee from the Lindela Repatriation Centre, says a Cape Times report. Lawyers for Human Rights (LHR) had successfully fought for the release of the refugee, whom they said had been detained on the basis of a fraudulent asylum permit since late May. The lawyers charged that the detention of their client at the centre was wrong in both substance and procedure, as he had not been charged with any crime, or been allowed to exercise his habeas corpus rights. In the High Court ruling, Judge Neil Tuchten said that sending someone to Syria at this time was a ‘statistical death warrant’. The judge ruled that he be released immediately and permitted to apply for refugee status and that he may not be deported. ‘Up to now and despite being served with the court order, Home Affairs has not released him from Lindela,’ said LHR candidate attorney Kimani Ndungu, who added LHR intended initiating contempt proceedings against the Department of Home Affairs. Department of Home Affairs spokesperson David Hlabane said the man was detained after he presented himself at the Desmond Tutu Refugee Reception Office in Pretoria to extend a fraudulently obtained asylum seeker temporary permit. ‘At no stage did he indicate a desire to apply for asylum. We have in place standard operating procedures to be followed at Lindela for releasing detainees, including release on receiving a court order and authorisation for such release.’

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