South Africa Launches Online Asylum System Amid Legal Disputes

The South African government will launch a phased biometric online registration and appointment system for asylum applications by November 10, 2026. This initiative follows a July 7 ruling by the Constitutional Court of South Africa that declared sections of the Refugees Act unconstitutional, removing procedural barriers that previously allowed the deportation of asylum seekers who entered the country without transit visas.

Under the new system, applicants will register their intention to seek asylum online to receive a receipt and reference number. This receipt protects individuals from refoulement, arrest, or detention solely for lacking a visa while their applications are pending, though it does not grant formal refugee status. To further streamline processing, the government plans to relocate refugee reception centers to ports of entry, starting with Beitbridge in December.

Justice Minister Mmamoloko Kubayi announced that the government is seeking a supervisory court order and a potential suspension period to build the administrative and infrastructure capacity of the Department of Home Affairs. This move follows violent anti-immigration protests in Soweto and Durban, where demonstrators torched vehicles and looted shops after a September 28 directive was perceived as an attempt to regularize undocumented migrants. Authorities have arrested 30 people in connection with the violence.

The government will appear before a panel of judges on October 29, 2026, in the Gauteng Division of the High Court to resolve conflicting legal directives. This legal effort comes as the state grapples with a massive backlog, with the Refugee Appeals Authority reporting over 133,000 ringfenced cases at the end of 2025.