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Migration Jurisprudence from the South › South Africa

Bula v. Minister of Home Affairs

Supreme Court of Appeal, South Africa · South Africa · 2011-11-29 · National court

Citation: [2011] ZASCA 209
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

May foreigners who say they want asylum be held for deportation without being allowed to apply?

What the court decided

No. Once they indicate an intention to apply, they are entitled to be released and to get an asylum seeker permit.

In plain language

Ethiopian men held in a deportation centre said they wanted asylum. The appeal court said they must be released and allowed to apply.

Dalam bahasa sederhana

Pria Etiopia yang ditahan di pusat deportasi menyatakan ingin mencari suaka. Pengadilan banding menyatakan mereka harus dibebaskan dan diizinkan mengajukan.

Pertanyaan: Bolehkah orang asing yang menyatakan ingin mencari suaka ditahan untuk dideportasi tanpa diizinkan mengajukan?

What happened afterwards

  • 2011-11-29: Release ordered.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/za-bula-2011/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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