Ruta v Minister of Home Affairs

Mr Alex Ruta, a Rwandan national, entered South Africa illegally in December 2014 without a visa and not through a port of entry. He remained in the country for approximately 15 months. In March 2016, he was arrested for road traffic offences, convicted, and imprisoned. While incarcerated, the Department of Home Affairs initiated deportation proceedings against him under the Immigration Act. Mr Ruta then expressed an intention to apply for asylum under the Refugees Act, alleging that he would face death if returned to Rwanda. The Department opposed this, contending that his delay in applying for asylum and his criminal conviction barred him from seeking asylum and that deportation should proceed.

Leave to appeal was granted and the appeal succeeded with costs. The order of the Supreme Court of Appeal was set aside and replaced with an order dismissing the appeal with costs, thereby reinstating the High Court’s decision permitting Mr Ruta to apply for asylum.

This case reaffirmed strong protections for asylum seekers in South African law, clarifying that delay in seeking asylum does not forfeit the right to apply and that asylum claims cannot be pre-emptively blocked by immigration authorities. It reinforced the supremacy of the Refugees Act over the Immigration Act where asylum is claimed, upheld the principle of non-refoulement, and confirmed that only designated refugee officials may determine asylum eligibility. The judgment also emphasised adherence to precedent (stare decisis) by appellate courts.