Magister Legum - LLM (Public Law and Jurisprudence) / Foreign nationals regularly finds themselves seeking refuge in a host country such as South
Africa. One would expect that due to comprehensive legislation ranging from national to
international level, foreign nationals would be received in conditions appropriate to their
circumstances. However, whether that is in fact the case remains to be a matter of great
controversy. The main purpose of this study is to determine whether or not the South African
refugee status determination process is legally compliant with its obligations under domestic,
regional and international human rights law. By focusing on the refugee status determination
process it could best be determined whether the process is legally compliant with the applicable
legislative provisions by focusing on what occurs during the application for refugee status in
practice. The research question will be answered by focusing on domestic, regional and
international legislative provisions, case law, journal articles and academic textbooks amongst
other sources. The primary legislative obligation that South Africa has towards asylum seekers is
to provide protection to those in genuine need thereof, which requires that the country must
refrain from violating their human rights. However the study has revealed that even though
South Africa portrays a strong will to protect the rights of asylum seekers, the country still has a
long way to go before it is actually achieved. Numerous of asylum seekers still finds it
challenging to apply for asylum and to simultaneously enjoy constitutionally guaranteed human
rights within the territory of South Africa. Research has established that although South Africa
aims to ensure that its asylum system complies with its obligations towards asylum seekers under
domestic, regional and international human rights law, there however remains multiple of
instances where the country is still in violation of multiple human rights of asylum seekers.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/6490 |
| Date | January 2018 |
| Creators | Zoutman, Bernice Nicole |
| Contributors | Mezmur, B.D |
| Publisher | University of the Western Cape |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Rights | University of the Western Cape |
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