Another refugee victory thanks to legal shield

A would-be refugee from Ethiopia is just the first ‘illegal foreigner’ expected to benefit from a new decision by the Constitutional Court. Desta Abore did not immediately apply for refugee status when he arrived in SA as amendments to the Refugees Act now require. As a result, he faced likely deportation to Ethiopia, without a proper hearing on the merits of his asylum case, even though he claims that he could face the death penalty if he is returned. However, as Carmel Rickard writes in her A Matter of Justice column on the Legalbrief site, SA’s highest court has now ruled that a crucial section of the Refugees Act, unaffected by any amendment, provides protection against return under such circumstances and that his delay in making an application for asylum cannot be a complete bar on his application. Both the Department of Home Affairs, responsible for administering the Refugees Act, and the High Court, had taken the view, now corrected by the Constitutional Court, that when would-be refugees delay in bringing an application for asylum, they lost their chance and could be deported.

Judgment

A Matter of Justice