2022 Briefing Papers

BP 551: The Rights of Foreign Spouses

Recently the Western Cape High Court handed down what could well turn out to be a landmark decision in refugee jurisprudence. Judge Mark Sher ruled that “parents and care givers of South African children will be allowed to remain in South Africa after their relationships with their South African spouses have expired.” Judge Sher also ruled that certain provisions of the Immigration Act and its regulations were unconstitutional.