South African court hears challenge against law that allows deportation of asylum seekers

The Scalabrini Centre of Cape Town, a group that helps immigrants, says changes made to the Refugees Act in 2023 are unconstitutional.

They argue that these changes allow asylum seekers to be deported before they can fully apply for asylum, which could put them in danger.

Under the new rules, asylum seekers who enter South Africa without a visa must first go through a short interview with an immigration officer.

If they cannot give a good reason for being in the country illegally, they may be denied full access to the asylum system and could be deported.

The group believes this is wrong because immigration officers are not trained to decide if someone is truly fleeing danger.

They also argue that everyone, no matter how they arrived, should have the right to apply for asylum and stay in the country until their application is properly reviewed.

Several international organisations, including Amnesty International and the Helen Suzman Foundation, support Scalabrini’s case.

They say South Africa has signed international agreements that protect refugees and that the new law breaks those agreements. The Helen Suzman Foundation also warns that the law could harm children, as their legal status depends on their parents.

The government, however, says the new process helps filter out people who do not have real asylum claims while still protecting those who do.

Advocate Norman Arendse, speaking for the government, said immigration officers would consider all important factors before making a decision.

Scalabrini gave examples of Ethiopian and Palestinian asylum seekers who were arrested after failing the first interview. They say deportation should not be used as a punishment for people who enter the country illegally.

In a previous court case last year, Scalabrini won an order stopping the government from deporting asylum seekers. But because of that ruling, the government blocked all new asylum applications. As a result, many asylum seekers who cannot be deported are stuck in prison.

Judge Judith Cloete said she is worried that cancelling the new rules completely could create problems for the government. She asked the government’s lawyers to suggest a solution if the court rules in Scalabrini’s favour. The court has not yet made a decision.