Abstract: This study examines the laws and practices relating to immigration detention in
South Africa. It provides an in-depth examination of the legislation, with reference to known
state practices and cases where migrants have been subjected to prolonged and repeated
periods of immigration detention. The study highlights gaps in South African law that
contribute to certain categories of migrants being especially vulnerable to immigration
detention. Four categories are identified: (1) asylum seekers; (2) persons with difficulty
obtaining travel documents; (3) stateless person; and (4) persons subject to other prohibitions
against refoulement. The study offers recommendations for legislative reforms to fill the
gaps in the law that contribute to these migrants’ vulnerability to immigration detention
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:wits/oai:wiredspace.wits.ac.za:10539/12578 |
| Date | 19 March 2013 |
| Creators | Tay, Roanna |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | application/pdf, application/pdf |
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