Home Affairs has instructed all refugee reception offices to accept asylum applications from people seeking protection, including those who entered South Africa unlawfully or without valid documents.
TimesLIVE reports that the directive was signed by acting director-general Thulani Mavuso on 28 September and applies with immediate effect. Refugee reception offices may no longer turn applicants away because they entered illegally, lack a visa or failed to report within five days.
The move follows a Constitutional Court ruling handed down on 7 July 2026.
Court struck down key restrictions
In Scalabrini Centre of Cape Town v Minister of Home Affairs, the Constitutional Court confirmed that sections 4(1)(f), 4(1)(h), 4(1)(i) and 21(1B) of the Refugees Act were unconstitutional and invalid.
The court found that procedural failures such as unlawful entry or late reporting could not automatically block an asylum seeker from having their claim assessed on its merits.
Government later summarised the effect of the ruling by saying Home Affairs must adjudicate asylum applications regardless of an applicant’s illegal entry or stay.
According to TimesLIVE, officials may no longer require asylum applicants to explain their unlawful entry, produce an asylum transit visa or show “good cause” before being allowed to apply.
The directive also bars refugee offices from using quotas or internal policies to limit access to the application process.
Home Affairs’ official service information says South Africa has five refugee reception offices, including facilities in Cape Town, Durban, Musina, Gauteng and Gqeberha. Their functions include receiving new asylum applications, recording biometrics and adjudicating claims.
Home Affairs warns of pressure on system
Mavuso told TimesLIVE that the department expects the ruling to increase pressure on already stretched refugee offices.
He said officials cannot simply refuse applicants and will instead have to find operational solutions, including longer office hours or additional staffing where necessary.
The change does not mean every applicant will receive refugee status. Applications must still be assessed, and claims can be rejected if they do not meet the legal requirements for asylum.
The Constitutional Court ruling changes access to the asylum process, rather than guaranteeing the outcome of any individual claim.