Home affairs directs refugee offices to accept undocumented asylum applicants - TimesLIVE

The department of home affairs has issued a directive instructing all refugee reception officers to accept asylum applications from anyone seeking protection, including those who entered South Africa illegally.

Signed by acting director-general Thulani Mavuso on September 28, the directive follows a July 2026 Constitutional Court ruling that declared key sections of the Refugees Act invalid.

“Every refugee reception office must, with immediate effect, receive every person who reports in person and indicates an intention to apply for asylum, and must assist that person to lodge an application in terms of section 21(1) of the Refugees Act and issue the asylum seeker visa contemplated in section 22 of the said act,” the directive states.

“This includes a person who entered the Republic of South Africa unlawfully or at a place other than through a port of entry, did not declare an intention to apply for asylum at a port of entry, holds no visa, or did not report to a refugee reception office within five days of entry into the Republic.”

According to the department, officials are strictly prohibited from requiring applicants to give reasons for unlawful entry in the country, produce an asylum transit visa, or demonstrate “good cause” as a condition to apply. No office may enforce quotas or policies that restrict access to the application process.

The directive has sparked heated public debate regarding border enforcement and refugee legislation. Speaking in an interview with Radio 702, Mavuso confirmed the directive’s validity but raised concerns over severe administrative backlogs.

“The biggest challenge I want to raise around this is that we are going to be overwhelmed by the numbers,” Mavuso said. “Even individuals who know they are not seeking protection due to fear of persecution will now cause administrative delays. They will join the queues alongside genuine asylum seekers who urgently require protection.”

Mavuso said applicant numbers at the Durban office surged last week. However, he emphasised staff cannot turn people away and must instead find operational solutions, such as extending office hours and hiring additional staff.

Addressing concerns over system abuse, Mavuso clarified that under current law, the department is required to include applicants in the processing system before determining whether they qualify for exclusion. He said factors such as coming from a politically stable nation will be taken into consideration during evaluation, and economic hardship alone does not qualify someone for asylum status.

He warned that individuals granted asylum status are not allowed to visit their home countries and come back.

“The law states you cannot return to a country you claim is persecuting you,” Mavuso said. “The minute you return, it proves your claims of persecution were unfounded and that you abused the asylum process.”

When asked about applicants with existing criminal records, Mavuso said human rights principles come first, emphasising the primary duty of the state is to uphold the constitutional protection of life once a person is within South Africa’s borders.