Scalabrini Centre of Cape Town & Another v The Minister of Home Affairs and Two Others – Constitutional Court, Case No. CCT 51/23

Date: 14/12/2023

Intro paragraph:

On Tuesday 12 December 2023, the Constitutional Court confirmed that the “abandonment” provisions in the Refugees Act are unconstitutional. These provisions stated that when an asylum seeker or refugee fails to renew their permit within one month of its expiry, it will be presumed that they have “abandoned” their claim – in other words, that they no longer seek refugee status, or no longer wish to make an application for asylum, and should be deported or leave South Africa.

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