On application for confirmation of an order of constitutional invalidity granted by the Western Cape High Court, Cape Town (Goliath DJP), on 13 February 2023, the following order is made:
Synopsis:
Refugees Act 30 of 1998 — constitutionality of subsections 22(12) and 22(13) — provisions are unconstitutional
Failure to renew visa — resulting in deemed abandonment of asylum application — violation of principle of non-refoulement — infringement of right to dignity, right to just administrative action and children’s rights — provisions arbitrary and irrational
