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Constitutional Court stops deportation of asylum seekers

Asylum seekers without transit visas may not be deported, apex court rules

Supporters of the Scalabrini Centre of Cape Town picket outside the Western Cape High Court in February 2025. Archive photo: Daniel Steyn.

The Constitutional Court has confirmed that sections of the Refugees Act are unconstitutional.
Amendments to the act allowed immigration officers to deport asylum seekers who did not have valid transit visas.
This violated the international legal principle of “non-refoulement”, the court ruled.
The court admonished Home Affairs for litigating “extremely poorly” and making “unsupported assertions regarding Afghan and Bangladeshi nationals’ involvement in human trafficking”.

The Constitutional Court has unanimously confirmed that asylum seekers cannot be deported before they have properly accessed the asylum system.
The court declared sections of the Refugees Act, which allowed for immigration officials to…

Read More: Constitutional Court stops deportation of asylum seekers.

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