South Africa's home affairs department is set to launch a phased online registration and appointment model for asylum applications by November 10. This move comes in response to mounting unrest and overwhelmed offices. The new system aims to provide an orderly and practical way to implement a Constitutional Court ruling that allows foreign nationals to access processing centres.
The online system was introduced after the withdrawal of a September 28 directive that sparked widespread unrest, including arson in Soweto and Durban. The initial decision to allow foreign nationals to submit their asylum seeker applications at home affairs offices led to the offices being overwhelmed. Home affairs maintains that withdrawing the directive does not alter its commitment to comply with the Constitutional Court ruling.
Under the new system, asylum seekers will first access an online platform to register their intention to apply for asylum. A receipt will be issued online, with an appointment booked at refugee reception offices. The receipt will not amount to refugee status or an asylum seeker visa but will serve as proof that a person had declared an intention to apply for asylum.
Justice minister Mmamoloko Kubayi, who chairs the interministerial committee on immigration, said the receipt would trigger protection under the law. Home affairs will instruct border authorities, inspectors, and office staff not to arrest, detain, or deport holders of valid receipts solely for lacking a visa while their applications are pending.
The new model is part of the government's effort to ensure that the court judgment is implemented in a way that does not create further administrative disruption. The government will seek a court supervisory order and suspension period to manage implementation. This order may also include a suspension period to allow the department to develop and strengthen administrative, human resource, infrastructure, and processing capacity.
The new system will not allow people whose asylum claims have already been finally rejected to lodge new asylum applications. If the appointment is not attended by the person, and no extension is sought with a valid reason, the application falls off, and the individual must be deported. Kubayi emphasized that deportations will continue and that the department will find a balance between enforcing the law and providing protection to those who need it.
The government understands the impatience and concerns of its citizens and is requesting time and patience to implement the new system effectively. The online asylum system aims to provide a responsible and lawful mechanism to ensure that constitutional obligations are fulfilled in a manner that is orderly, practical, and in the public interest.
Key points
- The online asylum system will be launched by November 10 to manage the influx of asylum applications.
- Asylum seekers will receive a receipt after registering online, which will serve as proof of their intention to apply for asylum.
- The new system will not allow people with previously rejected asylum claims to lodge new applications.
