Ruta v Minister of Home Affairs [2018] ZACC 52
What was at stake
Right to apply for asylum; delays; non-refoulement; primacy of Refugees Act
What happened
Mr. Alex Ruta, a Rwandan national, entered South Africa unlawfully. After being arrested and convicted for traffic violations in 2016, the Department of Home Affairs sought to deport him. Mr. Ruta applied for asylum, claiming he would face death in Rwanda, but the Minister of Home Affairs denied his application due to perceived delay. The High Court initially interdicted his deportation, allowing him to apply for asylum, but the Supreme Court of Appeal reversed this, holding that he applied too late and was disqualified by his conviction. Mr. Ruta then appealed to the Constitutional Court.
What the court decided
Confirmed right to apply for asylum despite delay/criminal conviction; Refugees Act read with non-refoulement governs over deportation.
How the court got there
The Constitutional Court held that the Refugees Act clearly indicates that delay in itself does not disqualify an asylum application. It further ruled that the exclusion clause in section 4(1)(b) of the Refugees Act applies only to crimes committed outside of South Africa, not to Mr. Ruta's domestic traffic offenses. Consequently, Mr. Ruta was entitled to have his asylum status determined under the Refugees Act, overriding the Immigration Act in this context and preventing his summary deportation.
Statutes and cases cited
- § Immigration Act 13 of 2002
- § Refugees Act 130 of 1998
- § Refugees Act s.4(1)(b)
Categories
Authoritative link
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