Home Affairs To Accept Asylum Applications From People Who Entered South Africa Illegally
The Department of Home Affairs will no longer turn away people seeking asylum simply because they entered South Africa illegally or do not have the required immigration documents.
Deputy Director-General Thulani Mavuso told 702’s Clement Manyathela today, Monday that refugee reception offices must accept applications from anyone who presents themselves and asks to apply for asylum.
The move follows a Constitutional Court judgment delivered in July, which declared several provisions of the Refugees Act unconstitutional. The court found that procedural immigration violations could not be used to prevent asylum seekers from having their claims assessed on their merits.
A department instruction issued on 28 September reportedly directs reception offices to accept applications from unlawful entrants, late applicants and people without asylum transit visas.
Mavuso warned that the change could put further pressure on the department, with people already in South Africa unlawfully potentially joining queues to seek asylum.
The Constitutional Court ruling was based partly on the principle of non-refoulement, which prevents South Africa from returning people to places where they could face persecution or serious harm.
Home Affairs said after the judgment that it would comply with the court’s decision while maintaining a lawful and well-managed immigration system.
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