Main Debate
- Border patrol and control v. entry of genuine refugees
Main Points
- Non-refoulement
- Refugee law v. immigration law
- Illegal immigrants v. genuine refugees
- Rejection at the frontier, expulsion of genuine refugees
Cases
- Zimbabwe Exiles Forum v. Minister of Home Affairs, 27294/2008, [2011] ZAGPPHC29, 17 February 2011, (High Court of South Africa (North Gauteng, Pretoria)).
- Ulde v. Minister of Home Affairs and Another, 2009 (4) SA 522.
Readings
Core
Extended
- D. Cote, ‘Reconciling Immigration and Refugee Law in South Africa’ in F. Khan and T. Schreier (eds), Refugee Law in South Africa, (Cape Town: Juta, 2014).
- Human Rights Watch, 'No Healing Here - Violence, Discrimination and Barriers to Health for Migrants in South Africa', 7 December 2009.
- W. Le Roux and S. Hungwe, ‘In search of alternatives to pre-emptive immigration detention (or not): a review of recent South African case law’, Comparative and International Law Journal of Southern Africa, vol. 44 (2010), pp. 139-167.