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III.4.2 The interface between refugee law and immigration law

Main Debate

  • Border patrol and control v. entry of genuine refugees

Main Points

  • Non-refoulement
  • Refugee law v. immigration law
  • Illegal immigrants v. genuine refugees
  • Rejection at the frontier, expulsion of genuine refugees

Cases

  1. Zimbabwe Exiles Forum v. Minister of Home Affairs, 27294/2008, [2011] ZAGPPHC29, 17 February 2011, (High Court of South Africa (North Gauteng, Pretoria)).
  2. Ulde v. Minister of Home Affairs and Another, 2009 (4) SA 522.

Readings

Core

  1. J. Hathaway, ‘Refugee Law is not Immigration Law’, World Refugee Survey, (2002), pp. 38–45.

Extended

  1. D. Cote, ‘Reconciling Immigration and Refugee Law in South Africa’ in F. Khan and T. Schreier (eds), Refugee Law in South Africa, (Cape Town: Juta, 2014).
  2. Human Rights Watch, 'No Healing Here - Violence, Discrimination and Barriers to Health for Migrants in South Africa', 7 December 2009.
  3. W. Le Roux and S. Hungwe, ‘In search of alternatives to pre-emptive immigration detention (or not): a review of recent South African case law’, Comparative and International Law Journal of Southern Africa, vol. 44 (2010), pp. 139-167.