The Constitutional Court has upheld a ruling by the Western Cape High Court that found certain provisions of the Refugee Act unconstitutional and invalid.
The Scalabrini Centre of Cape Town and Lawyers for Human Rights took the matter to court in May 2023.
The Centre challenged the amendments to the law which would consider an asylum application abandoned if visas were not renewed within one month before it expires.
The court found the provisions created unfair barriers to refugee protection and are especially harmful to children.
The apex court also rejected the government’s attempt to overturn the earlier ruling, saying it did not follow the correct legal process.
In the judgment handed down on Tuesday, the country’s highest court found that sections 22(12) and 22(13)of the Refugees Act were unconstitutional and unlawful.
Stating that asylum seekers cannot be denied refugee status if they aren’t able to provide the required documents or if they fail to report to a refugee reception office within a five-day window period.
The apex court said each refugee application must be assessed on its individual merits.
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