Constitutional Court rules rejected refugees cannot reapply for asylum in South Africa

The Constitutional Court of South Africa has ruled that refugees whose asylum applications have been denied cannot remain in South Africa and submit repeat applications after their cases have been finally decided.

The judgment, delivered on Tuesday, marks a major legal victory for the Department of Home Affairs in its efforts to clamp down on abuse of the country’s asylum system.

In the matter of Director-General, Department of Home Affairs and Others v Irankunda and Another, the apex court overturned an earlier ruling by the Supreme Court of Appeal and confirmed that repeat asylum applications are not permitted once an original application has been conclusively determined.

Home Affairs said the ruling strengthens the government's drive to restore the rule of law in immigration and refugee management by preventing rejected asylum seekers from repeatedly reapplying to prolong their stay in the country.

The judgment comes weeks after the Cabinet approved the Revised White Paper on Citizenship, Immigration and Refugee Protection, which introduces the “first-safe country” principle. The policy seeks to prevent asylum seekers from bypassing safe neighbouring countries to choose South Africa as their preferred destination.

Minister of Home Affairs Leon Schreiber welcomed the ruling, describing it as a significant step in reforming the immigration system.

“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,” Schreiber said.

He added that the department’s reform programme is aimed at rebuilding immigration and refugee systems in a way that protects South Africa’s interests while remaining aligned with the Constitution.