Refugee Reception Offices have resumed accepting new asylum applications following a Constitutional Court ruling. Image credit Supplied
Refugee Reception Offices across South Africa have resumed accepting new asylum applications. The move follows a Home Affairs directive that changes how officials handle Home Affairs asylum applications, including from people who entered the country illegally.
The directive comes after the Constitutional Court ruled in a case brought by the Scalabrini Centre of Cape Town against the Minister of Home Affairs. In July, the court found that asylum seekers may not face deportation before they get a chance to apply for protection.
What changes for Home Affairs asylum applications
Under the directive, officials at Refugee Reception Offices may no longer demand that people explain why they entered the country illegally. In addition, they may not ask why someone crossed at an unofficial border point or reported late to a refugee office.
Furthermore, officials may not require an asylum transit visa or any other visa before accepting an application. They also may not refuse an application because a person entered or stayed in the country unlawfully or has no documents.
The directive also bars officials from first sending applicants to immigration inspectors for possible deportation before they hear the asylum claim. Finally, offices may not use quotas or policies that stop people from applying.
UNHCR, the United Nations refugee agency, welcomed the move. It said the step helps ensure that people who need protection can have their claims assessed under South African and international law.
What the directive does not do
However, the directive does not grant anyone refugee status automatically. Instead, it only allows people to submit an application. Home Affairs still assesses every claim and decides who qualifies for protection.
As a result, people whose claims fail can still face deportation. Likewise, the court ruling does not protect undocumented migrants who do not apply for asylum.
Meanwhile, the courts have not settled every question. A full bench of the Gauteng High Court will hear a related case on 29 October. It will decide whether people held at the Lindela repatriation centre must go free once they say they want to apply for asylum.
The change has sparked anger online. Commentary across social media platforms accused government of opening the door to illegal immigration. Some users also claimed that the United Nations is now running the country. On the other hand, legal experts point out that the change stems from a Constitutional Court judgment, which government must follow.
For now, Home Affairs asylum applications will continue at Refugee Reception Offices, while the debate over immigration grows louder across the country.
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