Justice and Constitutional Development Minister Mmamoloko Kubayi has clarified that asylum seekers whose claims have been finally rejected cannot simply submit new applications to regain legal protection in South Africa.
Speaking during a media briefing in Pretoria, Kubayi outlined Government’s position on implementing the Constitutional Court’s ruling on asylum seekers, saying rejected applicants do not automatically regain protection by declaring their intention to apply for asylum again.
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“The position of a person whose asylum claim has been finally rejected is different, he or she has no right under the act to make a subsequent application and does not reactivate the protection of section 2 by declaring an intention again,” Kubayi said.
Her remarks come as Government seeks to address concerns about repeated asylum applications while ensuring that immigration decisions comply with the law and relevant court rulings.
New asylum claims may require legal advice
Kubayi acknowledged that some rejected asylum seekers could face new circumstances that put them at risk of persecution or serious harm if they are removed from South Africa.
She said the Constitutional Court had left open the question of whether the Refugees Act makes adequate provision for genuinely new claims arising after an asylum application has been finally rejected.
“The court expressly left open whether the act is under-inclusive in making no provision for a genuinely new claim arising after final rejection,” she said.
“Until that question is resolved, a specific and new claim that removal would expose such a person to persecution or serious harm should be referred for legal advice before removal.”
This means that while a rejected applicant cannot automatically reactivate asylum protection simply by expressing an intention to apply again, a specific claim involving new risks of persecution or serious harm should be referred for legal advice before removal.
Government seeks to curb abuse of asylum system
Kubayi said rejected asylum applicants would be flagged to help prevent abuse of the asylum system.
The measures are intended to help authorities identify applicants whose claims have already been finally rejected and distinguish them from those who may raise genuinely new protection concerns.
She also said deportations involving other immigration violations would continue in accordance with applicable legal requirements.
The Government’s position comes amid broader efforts to improve the administration of asylum applications, strengthen immigration enforcement and address delays in the system.
Home Affairs is also developing a biometric online platform intended to verify applicants’ identities, identify previous rejected claims and speed up the processing of asylum applications.
The reforms aim to improve the management of the asylum system while ensuring that new claims involving possible persecution or serious harm are handled within the framework of the law.