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Fikre v Minister of Home Affairs and Others (2011/9981) [2011] ZAGPJHC 36

25th May 2011

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1. Refugees Act, 130 of 1998 and Immigration Act 13 of 2002 :Asylum Seeker : Status of asylum seeker after asylum refused, permit had terminated or expired and where he had voluntarily agreed to be repatriated, but where he did not leave the country and when apprehended submitted application for condonation for the late noting of an appeal against the refusal.

2. Refugees Act: Application of section 29(1) where during the course of the proceedings the 30 day period of detention has expired and where under that section : “any detention exceeding 30 days must be reviewed immediately by a judge of the High Court … designated by the Judge President of that division…” .

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3. Practice: Oral evidence. Approach to test for oral evidence where disputes of fact arise in applications for final relief involving constitutional issues of detention of individual.
 

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