RELIEF FOR NEW ASYLUM SEEKERS

Court finds several refugee protection provisions of Refugees Act and accompanying regulations invalid

- ZELDA VENTER

NEWCOMER asylum seekers cannot be penalised for the way they entered and remained in South Africa until their claims are finalised, thanks to a Western Cape High Court judgment which declared several refugee protection provisions of the Refugees Act and its accompanying regulations invalid.

The court recently delivered its outcome on the legality of processes that have denied new asylum seekers access to the asylum system since around November 2023, leading to the arrest, detention, and deportation of asylum seekers without a refugee status determination interview.

The matter was brought to court by the Scalabrini Centre of Cape Town, represented by Lawyers for Human Rights (LHR). The Scalabrini Centre and LHR challenged the unlawful practice of arresting and detaining new asylum seekers based on preliminary interviews conducted by immigration officials regarding their entry into the country.

They argued that this process effectively bypassed the established asylum application process, contravening the fundamental principle of non-refoulement, which prohibits the return of individuals to places where they face persecution or serious harm.