06/10/2026
🇿🇦 MAJOR WIN FOR ASYLUM SEEKERS? SOUTH AFRICA TO ACCEPT ASYLUM APPLICATIONS FROM PEOPLE WHO ENTERED THE COUNTRY ILLEGALLY AFTER LANDMARK COURT RULING 🔥👇
South Africa’s asylum system is set for a significant change after the Department of Home Affairs confirmed that asylum applications can no longer be rejected simply because a person entered the country illegally or does not have the required immigration documents.
The move follows a Constitutional Court ruling that found parts of the Refugees Act unconstitutional, stating that procedural immigration violations should not automatically prevent asylum seekers from having their claims assessed on merit.
Deputy Director-General Thulani Mavuso reportedly instructed refugee reception offices to accept applications from anyone who presents themselves and requests asylum, including unlawful entrants, late applicants and individuals without asylum transit visas.
Officials say the decision is aimed at ensuring South Africa complies with constitutional and international obligations that protect people fleeing persecution, war and serious harm in their home countries.
However, the announcement has already sparked intense debate across the country. Critics argue that the decision could place additional pressure on already strained public services, increase immigration backlogs and encourage more undocumented migrants to seek asylum. Supporters, on the other hand, say South Africa has a legal and moral responsibility to assess every asylum claim fairly before making a decision.
Home Affairs has stated that while it will comply with the Constitutional Court ruling, it remains committed to maintaining a lawful and well-managed immigration system.
The development is expected to reignite discussions around border security, migration policy, unemployment and the balance between human rights obligations and national interests.
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