Home Affairs to Launch Asylum Registration System Following Constitutional Court Ruling

Posted 11 October 2026 Written by Acts Online
Category Immigration Law

Brought to you by SAnews: The Department of Home Affairs is implementing an administrative intention-registration and appointment platform for asylum seekers, following a Constitutional Court judgment that struck down provisions of the Refugees Act, No. 130 of 1998.

In terms of the Constitutional Court judgment handed down on 7 July 2026, statutory provisions permitting immigration officials to deport asylum seekers found within South Africa without a port-of-entry transit visa were declared unconstitutional. In response to the administrative and operational impact of the ruling, the Inter-Ministerial Committee (IMC) on Migration confirmed that the state will approach the court for a supervisory order to govern implementation and seek a defined suspension period to expand processing capacity.

Intention-Registration and Appointment Mechanism

Effective 10 November 2026, the Department of Home Affairs (DHA) will roll out a phased digital registration system. Foreign nationals intending to lodge a first application for asylum will register online to generate a verified appointment at a designated Refugee Reception Office (RRO). The system includes the following operational rules:

  • Receipt issuance: Applicants will receive an official receipt capturing biometrics, identity details, a reference number, and an appointment date. This receipt confirms an intention to apply but does not constitute a section 22 asylum seeker visa or formal refugee status.
  • Protection against refoulement: The receipt activates legal protection against refoulement under international and domestic law. DHA directives instruct the Border Management Authority (BMA), the South African Police Service (SAPS), and the National Prosecuting Authority (NPA) that valid receipt holders may not be detained, arrested, or deported solely for lack of a formal visa pending determination.
  • Subsequent and rejected claims: The statutory protection applies strictly to first-time applicants. Rejected applicants cannot reset their status by re-registering, though novel persecution claims must be referred for legal assessment prior to any removal.
  • Detention and assistance: Assisted registration will be accessible at RROs and for detained individuals in police or immigration custody via designated officials, legal counsel, and registered non-governmental partners.

Parallel Litigation and Legislative Review

Government departments have also been directed to appear before a specially constituted full bench of the Gauteng Division of the High Court on 29 October 2026 to resolve conflicting judicial directives concerning asylum administrative processes.

In parallel, DHA is preparing statutory amendments aligned with the Cabinet-approved Revised White Paper on Citizenship, Immigration and Refugee Protection. Expected to be tabled in Parliament in the next financial year, the proposed legislation will introduce remote application lodging, apply the ‘first safe country’ principle, and support the relocation of RRO processing infrastructure to external border control areas, beginning with the Beitbridge port of entry in December 2026.

What this means for you, your business, or your clients

  • For yourself: Legal and immigration practitioners must verify whether undocumented foreign national clients possess a valid pre-registration receipt with biometric confirmation before advising on arrest or deportation exposure.
  • For your business: Employers may not accept DHA pre-registration appointment receipts as right-to-work authorisations; formal section 22 asylum seeker visas or section 24 refugee permits remain mandatory under the Immigration Act and Refugees Act for employment verification.
  • For your clients: Asylum-seeking clients must be advised to secure appointments through the online platform before 10 November 2026 deadlines and strictly attend scheduled RRO dates, as failure to appear without a formal extension forfeits interim protection against detention and deportation.

Originally published at https://www.sanews.gov.za/south-africa/government-seek-court-guidance-asylum-ruling-introduce-registration-system

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