The University of Cape Town Refugee Rights Unit (RRU) was successful in its appeal application to the Supreme Court of Appeal regarding Sur Place refugee claims. After 5 long years, starting in the Western Cape High Court, Attorney Monique Schoeman and Advocate David Simonsz (UCT alumnus) have tirelessly devoted their efforts in support of our clients’ rights to seek refuge in South Africa.

The concept of a refugee sur place is expressly recognized by the United Nations High Commissioner for Refugees (UNHCR), the body responsible for overseeing the implementation of the UN Convention. A simple understanding of the term is “a person who was not a refugee when they left their country, but who becomes a refugee at a later date, is called a refugee ‘sur place’.  A person becomes a refugee “sur place” due to circumstances arising or changing in their country of origin during their absence.

Says Director Prof. Fatima Khan

Until this judgment, South Africa had not yet developed a significant jurisprudence on sur place refugee claims. In previous cases, the Constitutional Court had only made a passing reference to the issue.  The case brought before the Supreme Court of Appeal by the  Refugee Clinic  was the first to directly assert a Sur Place claim. This case has advanced the jurisprudence of refugee law in South Africa and brought domestic law in line with international standards.

This is a victory for all sur place refugees living in South Africa, and a welcomed decision which highlights the principles enshrined in our Constitution.