Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

South Africa cannot afford to lag while youth nicotine addiction escalates

June 2, 2026

Evicted Durban tenants win urgent court order pending eviction challenge

June 2, 2026

Pension fund withdrawal benefits are determined by rules, not contributions

June 2, 2026
Facebook X (Twitter) Instagram
Trending
  • South Africa cannot afford to lag while youth nicotine addiction escalates
  • Evicted Durban tenants win urgent court order pending eviction challenge
  • Pension fund withdrawal benefits are determined by rules, not contributions
  • Teachers win compensation after decade of rolling contracts ruled unlawful
  • Tshwane loses land expropriation battle, ordered to relocate Kanana Village residents
  • Sportscene lawyers ordered to pay costs after appeal delayed by flawed court record
  • Do South Africa’s archives serve justice or preserve historical injustice?
  • Turning your home into student accommodation could cost landlords dearly
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » High Court shields Ukrainian refugees from deportation, exposes asylum system’s failures
Law & Justice

High Court shields Ukrainian refugees from deportation, exposes asylum system’s failures

Ukrainian family’s asylum bid rejected despite fleeing prolonged conflict in their home country
Kennedy MudzuliBy Kennedy MudzuliMay 5, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

The Western Cape High Court in Cape Town has handed down a ruling that exposes systemic legal barriers facing Ukrainian asylum seekers looking for protection in South Africa. 

In the case, a married Ukrainian couple and their minor child challenged the Director General of Home Affairs and the Minister of Home Affairs, arguing for judicial intervention in their asylum claims. 

The family entered South Africa legally on tourist visas in September 2021. As Russia’s invasion of Ukraine escalated into a prolonged conflict, they applied for asylum, only to have their claims dismissed by Refugee Status Determination Officers as unfounded. 

With their applications denied, they pursued an appeal before the Appeals Board Authority, which remains pending. Seeking judicial review, they contended that exhausting internal remedies, as required by the Promotion of Administrative Justice Act (PAJA), would unnecessarily prolong their legal uncertainty. 

Bureaucratic mandates versus immediate protection 

In the ruling, Judge M Pangarker upheld the strict application of PAJA, stating that asylum seekers must complete internal processes before turning to the courts. The judge ruled that the applicants failed to demonstrate exceptional circumstances that would justify an exemption, leading to the dismissal of their judicial review application. 

While recognising the humanitarian crisis in Ukraine, the court determined that these circumstances did not override statutory procedural requirements governing asylum applications. 

Although their case was dismissed, the court noted that the applicants retain temporary legal status in South Africa, shielding them from deportation under the principle of non-refoulement, which prohibits returning individuals to unsafe conditions. While this legal safeguard prevents immediate removal, it does not resolve the uncertainty surrounding their asylum claims. 

#Conviction 

Get your news on the go. Click here to follow the Conviction WhatsApp channel   

Asylum Seekers judicial review South Africa refugee rights South African immigration law Ukrainian Refugees
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Evicted Durban tenants win urgent court order pending eviction challenge

June 2, 2026

Pension fund withdrawal benefits are determined by rules, not contributions

June 2, 2026

Teachers win compensation after decade of rolling contracts ruled unlawful

June 2, 2026
Leave A Reply Cancel Reply

Prove your humanity: 8   +   2   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
5 Mins Read

South Africa cannot afford to lag while youth nicotine addiction escalates

By Professor Lekan Ayo-YusufJune 2, 20265 Mins Read

Smoking and vaping among young South Africans have risen sharply over the past 15 years, raising concerns about nicotine addiction and delayed regulation.

Evicted Durban tenants win urgent court order pending eviction challenge

June 2, 2026

Pension fund withdrawal benefits are determined by rules, not contributions

June 2, 2026

Teachers win compensation after decade of rolling contracts ruled unlawful

June 2, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

R13,914 debt triggers sale of R380 000 home, transfer halted amid execution flaws

April 20, 2026

Understanding employee rights, workplace protections and grievance resolution in South Africa

June 8, 2025

Dead wife contradiction forces Nedbank to return repossessed Nissan Navara

May 29, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by