The Constitutional Court recently handed down judgment in the matter of Ahmed and Others v Minister of Home Affairs and Another. This matter was heard by the Constitutional Court after an application for leave to appeal against an order of the Supreme Court of Appeal.
The matter revolves around the rights of asylum seekers and refugees to submit applications for temporary residence visas or permanent residence permits under the Immigration Act from within South Africa, and without having to return to their country of origin.
The Constitutional Court found as follows:
The next step before being able to proceed with any applications on the basis of the above judgement is to wait for the Department of Home Affairs to issue a Directive with regards to how this judgement will be applied in practice.
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