The Department of Home Affairs has won a significant victory against abuse of the asylum system through today’s judgment of the Constitutional Court in Director-General, Department of Home Affairs and Others v Irankunda and Another. In its majority ruling, the Court upheld the Department’s appeal against an earlier ruling from the Supreme Court of Appeal by confirming that repeat asylum applications are not permitted once an original application has been finally determined.
Today’s judgment marks the latest major step in the Department’s drive to clamp down on abuse of the asylum system and restore the rule of law in the broader management of immigration and refugee matters. The Court’s ruling prohibiting endless repeat applications by asylum seekers whose original applications have been rejected comes just weeks after Cabinet approved the Revised White Paper on Citizenship, Immigration and Refugee Protection, which introduces the first-safe country principle to similarly end the practice of asylum seekers “picking and choosing” South Africa as their preferred destination in the region. These recent breakthroughs demonstrate that the Department is making rapid progress in rebuilding these systems from the ground up to better serve South Africa’s interests.
The Minister of Home Affairs, Dr Leon Schreiber, said: “This judgment from the highest court in the land is an affirmation of the unprecedented progress we are making in restoring the rule of law and clamping down on abuse in the migration and asylum systems. It further demonstrates that our commitment to systemic reform - not in opposition to, but anchored in our Constitution - is rapidly resolving problems that once seemed insurmountable.”
Enquiries:
Spokesperson to the Minister
Carli van Wyk
Cell: 079 166 3899
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