Judge President Ledwaba seeks clarity on asylum seeker deportations
This is after the Constitutional Court’s unanimous July Judgment in the Scalabrini Centre of Cape Town, Minister of Home Affairs and others, which invalidated parts of the Refugees Act and confirmed that detained or undocumented asylum seekers who express an intention to apply for asylum cannot be arbitrarily turned away, penalised for irregular entry, or detained or deported without proper access to the refugee status determination.
Gauteng Judge President Aubrey Ledwaba has turned to a Full Court to seek clarity on the approach towards matters involving undocumented asylum seekers who are detained and facing deportation.
Two Judges of the Gauteng High Court reached opposing conclusions on two matters dealing with the same issue; one ruled that once a detainee expresses an intention to seek asylum, their release from detention must follow immediately.
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