For years, some new asylum seekers were prevented from entering South Africa’s asylum system before their claims were ever considered.

That legal gate has now been knocked down.

Following the Constitutional Court judgment in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others [2026] ZACC 30, the Department of Home Affairs has issued an operational directive to every Refugee Reception Office.

With immediate effect, every office must receive people who report in person and indicate that they wish to apply for asylum. This includes people who:

• entered South Africa unlawfully;
• entered somewhere other than through a port of entry;
• did not declare their intention to seek asylum at a port of entry;
• do not hold a valid visa; or
• reported more than five days after entering South Africa.

The directive also covers people who were previously turned away, had their biometric information captured or were given appointments without being permitted to lodge an application.

Refugee Reception Offices must assist these applicants to lodge their applications and issue section 22 asylum seeker visas in accordance with the Refugees Act.

What this does not mean

This is not automatic refugee status or blanket legalisation.

It provides access to the asylum application process. Every claim must still be assessed and decided on its merits.

Have you been affected?

Were you previously turned away, biometrically enrolled or given an appointment without being allowed to lodge an asylum application?

This directive may directly affect your position.

Contact Gema Visa Services if you need help understanding what the judgment and directive mean for you. We will also continue monitoring how the instruction is implemented across South Africa’s Refugee Reception Offices.