LHR urgent application challenging unlawful detention and deportation of refugees

LHR has brought an urgent application against the Department of Home Affairs on behalf of 208 foreign nationals to be argued in the Pretoria High Court today.

This group of men were amongst the hundreds of displaced foreigners who sought temporary protection at Rifle Range, Glenanda following the xenophobic attacks in may of this year. During July they were part of a group who were  removed from Rifle Range to Lindela Holding Facility for refusing to register at the temporary site, for reasons including concerns about relinquishing any of their asylum and refugee protections.

Once removed to Lindela, this group of largely documented refugees and asylum seekers was eventually released upon validation of their documentation. With no alternatives, or means of transport, once released this group of approximately 750 men, women and children set up a makeshift camp on the R28 outside Lindela in Krugersdorp.

On 28 July 2008 a group of 208 men only was arrested on charges of 'hindering  or obstructing traffic on a public road'. The charges were later withdrawn after this group had spent a week in police custody at the Krugersdorp Police Station on a minor traffic offence with a maximum sentence of R300.

After the charges were withdrawn, this group was not released, but they were immediately taken to Lindela for ‘administrative processing' despite having been released from Lindela little over a week earlier with validated documentation.

Due to a combination of the violence they suffered as a result of the xenophobic attacks, and the ensuing mistreatment and injustice they have received at the hands of government, and in particular the Department of Home Affairs and the Criminal Justice system, the majority of this group wished to return to their countries of origin, where they face an equally violent uncertainty, rather than remaining in South Africa which they are legally entitled to do.

A number of this group have now been voluntarily repatriated to their home countries with the assistance of the UNHCR and IOM.

The Department of Home Affairs has also deported a large number of this group, back to countries including the DRC, Burundi, where they are likely to face the persecution they originally sought refuge from in South Africa.

There are substantial legal differences between deportation and voluntary repatriation, and there are legal consequences to deportation. A person who is deported may never again legally enter the Republic; will be blacklisted from obtaining visas to travel elsewhere; may be placed in prison immediately upon return to their home country; and most importantly, there is no guarantee of their safety when returning to their home country.

Deporting a refugee or an asylum seeker is illegal. It is contrary to South Africa's Refugees Act and entrenched international law principles. LHR instituted proceedings against the Department of Home Affairs to prohibit the deportation of any of this group, and also to secure their release from unlawful detention. Despite this matter pending before the courts, the Department continued with their deportations. LHR was then forced to obtain an urgent interdict prohibiting  the Department from deporting any person from this group until the courts had adjudicated upon the lawfulness of their continued detention and status determination by the Department. The Department has nevertheless continued deporting people from this group in contempt of a court order.

LHR is today asking the court to order the immediate release of the remainder of this group who have been detained since 6 August 2008, as well an order declaring the process of this group since their removal from Rifle Range abusive and invalid.

For more information please contact Gina Snyman at 011-339 1960 / gina [at] lhr [dot] org [dot] za