South Africa’s refugee reception offices have been instructed to consider asylum applications from people who may previously have been unable to apply because of how they entered the country or because they did not have the required documentation.
The Department of Home Affairs’ Deputy Director-General, Thulani Mavuso, confirmed the change during an interview with 702’s Clement Manyathela on Monday.
According to Mavuso, the department issued an instruction on 28 September directing refugee reception offices to accept applications from anyone who indicates that they want to seek asylum.
The move follows a Constitutional Court judgment in July which found parts of the Refugees Act unconstitutional. The court ruled that asylum seekers should not have their claims rejected solely because of immigration-related technicalities, with applications instead needing to be assessed on their merits.
The instruction covers people who entered South Africa unlawfully, submitted asylum applications after the prescribed period or do not have an asylum transit visa.
Mavuso acknowledged that the change could place additional pressure on the country’s asylum system, particularly if more undocumented people already living in South Africa approach refugee reception offices to lodge applications.
The court’s decision also considered the principle of non-refoulement, which protects people from being returned to a country where they may face persecution or serious harm.
Home Affairs said it would comply with the Constitutional Court’s decision while continuing efforts to manage immigration through the country’s existing legal and administrative processes.
