Home Affairs withdraws asylum directive as Schreiber defends reversal

The Department of Home Affairs in South Africa has rescinded a directive concerning the processing of asylum applications in light of violent protests targeting the immigration system in Durban and Soweto. The directive, introduced on September 28th, was a response to a July 2021 ruling by the Constitutional Court in the Scalabrini Centre of Cape Town case.

This judgment overturned specific provisions of the Refugees Act that had barred certain asylum seekers from the application process based on procedural grounds prior to their merits being evaluated. The court's decision permits asylum seekers to submit applications irrespective of their method of entry into South Africa, although it does not guarantee refugee status or permanent residency, as each case must still be individually assessed.

Home Affairs communicated that the directive was a temporary measure aimed at facilitating the court's order, but the decision was made by the director-general alone, bypassing the knowledge of the minister or other political figures. The abrupt implementation of the directive encountered practical difficulties, as Refugee Reception Offices were inundated with individuals seeking to file asylum claims shortly after its issuance.

Additionally, there were apprehensions regarding the welfare of departmental personnel and potential implications for public safety and order.

In light of these challenges and safety concerns, the department is now formulating a new operational strategy to ensure adherence to the Constitutional Court's ruling while also addressing the issues encountered. The withdrawal of the directive does not nullify the court's decision, and Home Affairs has not yet disclosed its revised approach.

This move comes after violent demonstrations in both Durban and Soweto, where vehicles were set ablaze and businesses were looted, reflecting widespread discontent with immigration policies and the processing of asylum applications. Gauteng Premier Panyaza Lesufi welcomed the department's decision, viewing it as a welcome relief that paves the way for further dialogue.

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