O/C Military Police and Others v Asemie (CIV/APN 2012) [2012] LSCA 49 (19 October 2012)

Refugee Act 18 of 1983 - naturalization of refugee under section 14 - total residence-period prior to application for naturalization six years - application prior to expiry of six year period ineffective.

This case dealt with the naturalization of refugees under section 14 of the Refugee Act 18 of 1983. The court held that the total residence period prior to application for naturalization must be 6 years, and an application made prior to the expiry of this period would be ineffective. The court also declared that the interdict against the prosecution was highly irregular and insupportable. The central dispute involved the respondent's arrival date in Lesotho. Analyzing visa and refugee status application forms, the court found the respondent's claim of arriving in 2003 contradicted by evidence. The valid 2005 visa request form indicated non-refugee status, and his acknowledgment of an arrest in Ethiopia in May 2005 further conflicted with his alleged arrival dates. The court concluded that the respondent likely encountered the Commissioner for Refugees in 2005, supporting the arrival in Lesotho from September 2005.

The appeal was upheld. Based on the evidence that the respondent only arrived in Lesotho in September 2005, he was not eligible for a naturalisation certificate so the issues that the court were approached with fall away.

The court held that the respondent arrived in 2005. He could not be granted a naturalisation certificate since the Refugee Act, required a person seeking naturalization to have been in the country for 6 years prior to the application.