Hundreds of foreign nationals hoping to apply for asylum in Durban were forced to leave a Home Affairs refugee reception centre on Thursday, 8 October 2026, following growing tensions involving anti-immigration protesters.
Police instructed those waiting outside the facility on Che Guevara Road to leave over safety concerns as demonstrators gathered nearby.
According to Eyewitness News (EWN), the incident followed several days of protests that disrupted operations at the centre.
Protests Disrupt Asylum Applications
The Durban Refugee Reception Centre has become a focal point for demonstrations by groups demanding tougher enforcement of South Africa’s immigration laws.
EWN reported that some protesters arrived carrying sticks and sjamboks, raising concerns about the safety of foreign nationals waiting to submit applications.
Police subsequently cleared the area, leaving hundreds unable to proceed with their asylum applications that morning.
Members of the organisation March and March were among those opposing the influx of applicants.
The organisation’s head of legal, Xolani Zuma, argued that some foreign nationals were exploiting the asylum system after spending years in South Africa without applying for refugee protection.
However, the group’s claims about applicants’ immigration circumstances have not been independently established.
Court Ruling Changes Asylum Process
The demonstrations follow a Constitutional Court judgment delivered on 7 July 2026, which declared several provisions of the Refugees Act unconstitutional.
The court found that procedural requirements preventing certain foreign nationals from applying for asylum were inconsistent with constitutional protections.
Following the ruling, the Department of Home Affairs directed refugee reception offices to accept applications from people seeking asylum, regardless of how they entered South Africa.
The department confirmed that implementing the judgment was a constitutional obligation.
The ruling does not automatically grant refugee status. Applicants must still have their claims considered through the asylum process.
Government Faces Growing Pressure
The developments have intensified debate over South Africa’s immigration system and the management of asylum applications.
Justice Minister Mmamoloko Kubayi, who chairs the Inter-Ministerial Committee on Migration, acknowledged that the ruling had created challenges for the country’s asylum system.
According to EWN, the growing number of applicants has placed additional pressure on Home Affairs.
Meanwhile, police maintained a presence outside the Durban facility after the foreign nationals departed.
The incident highlights tensions between immigration enforcement, public safety and access to the asylum process.