Constitutional Court Decides Ethiopian Man Can Stay in SA, Asylum Application Continues

• Desta Abore, an Ethiopian man, illegally entered South Africa in March 2020 and was arrested in June
• The Constitutional Court has ruled that he may remain in South Africa until his application for asylum has been decided
• Abore's detention after August 2020 was deemed unlawful by the Constitutional Court in a hearing yesterday

JOHANNESBURG - Desta Abore, an Ethiopian man who illegally entered South Africa, has been granted permission by the Constitutional Court to stay in the country until his application for asylum has been decided.

Abore had previously been denied an exemption from deportation until his refugee status had been legally determined under the Refugees Act. He also appealed against his detention, arguing that it is illegal, but it was ruled as lawful detention.

According to TimesLIVE, the ConCourt gave Home Affairs a two-week period to make a decision on Abore's status. He has been detained since he was arrested in KwaZulu-Natal in June 2020.

Read also

Bheki Cele resolute to enforce curfew on New Year's Eve amid calls for Ramaphosa to end the restriction

How the Refugees Act has been applied in this case

The Refugee Act has new provisions which state that a person from another country who illegally enters South Africa is not automatically allowed to apply for asylum, News24 reports. Home Affairs found that courts and immigration officials have the power to decide if the foreigner's reasons for not having a South African visa are justified.

In addition, the applicant is required to prove why they need to stay in South Africa and provide reasons for their illegal entry. Abore's reason for not officially applying for refugee status earlier was that the Covid-19 pandemic caused the centres to be closed for many months.

Yesterday (30 December), the ConCourt ruled that the only amendment to the Refugees Act that applied to Abore is that he will be required to attend an interview with an immigration official. The court also found that his detention after August 2020 was unlawful.

Read also

High Court throws out urgent application to stop the SA government from scrapping Zimbabwean Exemption Permits

South Africans react to Ethiopian man's asylum application

@phathu35696722 remarked:

"Mxm our courts can be annoying sometimes."

@DeyselDiaan asked:

"Why did he flee the country?"

@gsfstudies believes:

"The most powerful nation on earth was built by foreigners: The United States of America."

@UniqueSAProblem said:

"Good luck to him."

@Siya_Hlongwane shared:

"Well it's going to be rejected now, isn't it."

Government backtracks on cancellation of Zim permits, the discussion gets intense

Speaking of people from other African countries coming to stay in South Africa, Briefly News previously reported that the South African government has reversed its decision to withdraw the directive to put an end to the Zimbabwean Exemption Permit.

The Cabinet decision to send approximately 200 000 Zimbabweans back home was highly criticised because it posed a humanitarian crisis.

The Department of Home Affairs announced the change in decision that was made in late November on Monday, 13 December but gave no reason why the department has backtracked on the directive.

Source: Briefly News