The Department of Home Affairs has instructed all Refugee Reception Offices to resume receiving new asylum applications with immediate effect. The directive was issued by the Acting Director-General on 28 September 2026. It follows the Constitutional Court’s judgment of 7 July 2026 in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others [2026] ZACC 30.
What the Constitutional Court decided
The Court confirmed that sections 4(1)(f), 4(1)(h), 4(1)(i) and 21(1B) of the Refugees Act, and regulations 8(1)(c)(i), 8(2), 8(3) and 8(4) of the Refugee Regulations, are invalid. These were the provisions used to require newcomer applicants to show “good cause” for unlawful entry, late reporting or the absence of a visa before an application could be considered. The declaration of invalidity was not suspended and took effect on the day of judgment.
What Refugee Reception Offices must now do
In terms of the directive, every Refugee Reception Office must receive every person who reports in person and wishes to apply for asylum. It must assist that person to lodge an application under section 21(1) of the Refugees Act and issue an asylum seeker visa under section 22. This applies even to persons who entered unlawfully, hold no visa, or did not report within five days of entry. Offices may no longer:
- conduct good cause interviews;
- require an asylum transit visa or any other visa as a condition of applying;
- refuse an application because of unlawful entry, unlawful presence, delay or a lack of documents; or
- refer applicants to the Inspectorate before accepting their applications.
Persons who were previously turned away, or who were given appointments without being allowed to apply, must be assisted when they report. If an office cannot assist everyone on a given day, it must issue a written, dated appointment. No one may be sent away without one.
What this means if you declared an intention to apply for asylum
If you previously declared an intention to apply for asylum, online or otherwise, but could not lodge your application because offices were closed to you, you should now report in person and lodge your application without delay. Now that the offices are open, it will become increasingly difficult to justify not holding a section 22 asylum seeker visa.
Offices receive applicants on days allocated by nationality. Please confirm the schedule for your nearest office before attending. Take your identity document, if you have one, and proof of any earlier declaration or correspondence with Home Affairs.
A note for employers
A section 22 asylum seeker visa does not automatically authorise its holder to work; it must be endorsed with permission to work. Employers of affected staff should ensure that employees lodge their applications promptly and then apply for the work endorsement as soon as the visa is issued.
Matters not covered by the directive
The directive deals only with the receipt of new asylum applications. It expressly does not address detention, deportation, or the questions referred to the Full Court of the Gauteng Division of the High Court by the Judge President’s Notice of 10 September 2026.
How we can assist
Immigration Specialists advises individuals and employers on asylum, immigration status and workforce compliance. To discuss your circumstances, contact us on 010 446 0244 or visit www.immigrationspecialists.co.za.
This advisory is general information and does not constitute legal advice. Each matter should be assessed on its own facts.