JOHANNESBURG - The Constitutional Court has ruled that parts of the Refugee Act are unconstitutional and invalid.
The apex court found that any person seeking asylum cannot be denied access to the system for failing to provide the required documents or to report to a refugee reception office within the stipulated 5-day window.
Scalabrini Centre of Cape Town and other organisations brought the case.
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The ConCourt found that asylum seekers cannot be denied a hearing simply because they entered South Africa through an undesignated border or failed to meet other administrative requirements.
Judges ruled that every asylum claim must be considered on its merits before a person can be turned away.
The court also found the provisions unfairly prejudiced children whose asylum claims depend on those of their parents.