The Constitutional Court has ruled that procedural delays cannot be used to reject asylum applications, ensuring all claims are evaluated on their merits.
The Constitutional Court has ruled that procedural delays cannot be used to reject asylum applications, ensuring all claims are evaluated on their merits and protecting vulnerable children from deportation.
Justice Steven Majiedt handed down the judgment on 7 July. The court found that the current procedure under the Refugees Act “does not pass constitutional muster”. The Department of Home Affairs cannot deny asylum seekers refugee status on the basis of procedural non-compliance.
The case was brought by the Scalabrini Centre of Cape Town with support from the Helen Suzman Foundation and other groups. A senior researcher at the foundation, Chanel van der Linde, said the ruling means children will no longer face exclusion from refugee protection as a result of their parents’ procedural non-compliance.
The Department of Home Affairs was ordered to pay costs for what the court described as “exceptionally poor litigation”.
