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Bula and Others v Minister of Home Affairs and Others (589/11) [2011] ZASCA 209

2nd December 2011

By: Creamer Media Reporter

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SUMMARY: Applications for asylum ─ structure and purpose of Refugees Act 130 of 1998 ─ South Africa’s obligations under international law ─ Refugee Reception Officer obliged to accept an application for asylum ─ for Refugee Status Determination Officer not court to decide whether applicant entitled to asylum ─ including whether application is unfounded ─ meaning of ‘encountered’ in Regulation 2(2) ─ once intention to apply for asylum is indicated asylum seeker entitled to protective provisions ─ manner in which proceedings in high court conducted criticised ─ unwarranted statements by judicial officer ─ warning against preconceived ideas ─ militating against rule of law and proper administration of justice.

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