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

Unisa Law Clinic launches drive for professional attire donations to support LLB students

July 26, 2026

Consumers warned against paying for misleading quick exit debt review promises

July 25, 2026

African Court urged to hold governments accountable for climate harm affecting children

July 25, 2026
Facebook X (Twitter) Instagram
Trending
  • Unisa Law Clinic launches drive for professional attire donations to support LLB students
  • Consumers warned against paying for misleading quick exit debt review promises
  • African Court urged to hold governments accountable for climate harm affecting children
  • Screenshots are not evidence: The new frontier of unfair dismissal in South Africa
  • From rock samples to rocking the stage: Gavaza Mongwe advances to Mrs SA Top 30
  • Why the High Court sided with Ramaphosa in the Phala Phala impeachment battle
  • SCOPA chair Zibi says RAF’s declining performance triggered Parliament’s inquiry
  • D-day for law firm to repay R500 000 property deposit after holding money for nearly nine years
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

Consumers warned against paying for misleading quick exit debt review promises

July 25, 2026

African Court urged to hold governments accountable for climate harm affecting children

July 25, 2026

Why the High Court sided with Ramaphosa in the Phala Phala impeachment battle

July 24, 2026
Leave A Reply Cancel Reply

Prove your humanity: 0   +   8   =  

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
Special Reports
3 Mins Read

Unisa Law Clinic launches drive for professional attire donations to support LLB students

By Conviction Staff ReporterJuly 26, 20263 Mins Read

The Unisa Law Clinic is inviting donations of quality pre-loved business attire to help LLB students prepare for interviews, court observations and practical legal training.

Consumers warned against paying for misleading quick exit debt review promises

July 25, 2026

African Court urged to hold governments accountable for climate harm affecting children

July 25, 2026

Screenshots are not evidence: The new frontier of unfair dismissal in South Africa

July 24, 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

Judge dismisses bid to suspend attorneys over R23 million dispute, citing unfair investigation

July 22, 2026

Wedding rehearsal or workplace protest? Judge rules in favour of singing mineworkers

July 21, 2026

Labour Court stops municipal disciplinary hearing over AI citation concerns

July 22, 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