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LLM and MPhil

PBL5653F: Refugee Law and Human Rights

Course description:

This course is presented in three parts. The first part is concerned with the refugee’s right to seek asylum. This entails an exploration of the basic criteria for the attainment, denial, and withdrawal of refugee status and the rights and treatment of refugees in accordance with the South African Refugees Act 130 of 1998 and other relevant legislation and international instruments. A comprehensive analysis of the South African Refugees Act as well as the relevant sections of the Immigration Act 13 of 2002, are undertaken. Furthermore, a review of the case-law of international, regional, and national courts provides an understanding of how refugee law is interpreted and implemented in South Africa as well as in other jurisdictions. The second part is concerned with the refugee’s right to enjoy asylum. This part sets out the origins, developments, and established principles of refugee rights in international human rights law and focuses on the rights protected by the various instruments. The third part focuses on the right to solutions to refugeehood. This part focuses on solutions such as voluntary repatriation, local integration, and resettlement.