Home Affairs Withdraws Directive on Asylum-Seeker Application Intake

Posted 09 October 2026 Written by Acts Online
Category Immigration & Refugees

Brought to you by SAnews: The Director-General of the Department of Home Affairs has withdrawn an operational directive governing the intake of asylum applications under the Refugees Act, No. 130 of 1998, following administrative disruption across national Refugee Reception Offices (RROs).

In terms of administrative processes administered under the Refugees Act, No. 130 of 1998, the directive had been circulated to all RROs on 28 September 2026. The measure was issued to implement the Constitutional Court order delivered on 7 July in the matter concerning the Scalabrini Centre of Cape Town.

According to the Department, the directive was issued as an internal operational intervention without prior executive consultation with the Minister of Home Affairs. Immediate implementation resulted in significant operational pressures across the statutory reception network, including:

  • Severe administrative backlogs and overwhelmed capacity at RRO facilities within days of issuance;
  • Compromised safety and working conditions for departmental personnel; and
  • Emerging operational and public order risks at intake centers.

The Department confirmed that it will determine a revised operational mechanism to ensure compliance with the Constitutional Court’s judgment while maintaining administrative stability at all RRO locations.

What this means for you, your business, or your clients

  • For yourself: Immigration practitioners and compliance advisers must update advisory notes to reflect that the expedited or modified intake terms introduced under the 28 September 2026 directive are no longer operative.
  • For your business: Employers conducting right-to-work verification audits should anticipate continued administrative delays in the issuance and renewal of Section 22 asylum-seeker permits for foreign national personnel.
  • For your clients: Asylum seekers must follow standard RRO scheduling protocols without reliance on the withdrawn directive while the Department formulates a revised intake framework.

Originally published at https://www.sanews.gov.za/south-africa/home-affairs-withdraws-directive-intake-asylum-seeker-applications

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