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Refugee status ‘untouchable’ – lawyer

Publish date: 20 December 2006
Issue Number: 1732
Diary: Legalbrief Today
Category: General

The refugee status of a foreign national may not be revoked simply because he or she committed a crime – even murder – in SA, according to Lawyers for Human Rights in a report in The Mercury.

This issue was due to be addressed by the Pretoria High Court yesterday, in two separate cases, when the family members of two foreigners wanted to prevent them from being deported. The urgent applications were, however, removed from the roll yesterday as the Department of Home Affairs agreed to release Burundi national Monique Ndayisenga and Angolan national Jose Correla. Jacob wan Garderen, of Lawyers for Human Rights, said Section 2 of the Refugees Act provided that no person might be compelled to return to his or her country of origin if he or she faces the danger of persecution. He said the fact that they had criminal records was not a reason to deport them. ‘The Act still protected them, even if they were convicted of a serious crime such as murder. Their criminal record here my not influence their refugee status.’ Full report in The Mercury (subscription needed)

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