ConCourt rules Refugees Act doesn't place time limitation on asylum applications
20 December 2018
The Constitutional Court on Thursday ruled that the Refugees Act does not place a time limit on when asylum seekers must apply for asylum once they have arrived in South Africa.
The apex court was considering the constitutionality of the Refugees Act after Alex Ruta, a Rwandan national who entered the country unlawfully in December 2014, applied to have a Supreme Court of Appeal (SCA) ruling overturned.
"At issue was whether a prospective asylum seeker should be allowed to apply for asylum at any time they might express an intention to do so after arriving in the country, even if they have delayed," the Constitutional Court explained in a statement on Thursday.
Ruta initially approached the High Court when the Department of Home Affairs moved to deport him after he was convicted and imprisoned for traffic violations. He was undocumented when he was first arrested in March 2016.