Cape Town NGO fights arrest of asylum seekers

An organisation fighting for the rights of refugees, the Scalabrini Centre of Cape Town, has approached Lawyers for Human Rights (LHR) to help it fight against the “unlawful arrests of asylum seekers”.

The centre said it had decided to approach the LHR after realising that the department of home affairs was continuing with its unlawful arrests which is taking place nationally.

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James Chapman, head of Scalabrini’s advocacy and legal advice, said the centre, in collaboration with the LHR, recently approached court seeking an interdict and suspension of the application of certain amendments to the Refugees Act and associated regulations.

Helping asylum seekers

The matter will be heard in court on a date that will be decided soon. Chapman said if granted, the interdict would stop the arrest and detention of asylum seekers and restore their access to the asylum system.

He said some parts of the case, which will be heard at a later date, will address the constitutionality of the contested provisions.

“The centre and LHR are set to take legal action against the department in response to a disturbing new practice of unlawfully arresting asylum seekers at refugee reception offices across South Africa.

“This practice, which began nationwide in November 2023, with initial incidents reported in Musina in October, undermines the fundamental principles of domestic and international human rights and refugee law,” he said.

Chapman said new asylum applicants have been subjected to arrest, detention and deportation without the opportunity to undergo a refugee status determination interview.

This process effectively denied individuals access to the asylum system, leaving them vulnerable to deportation to their home countries where they face persecution, violence, war, detention or even death.

“Such actions are a direct violation of the principle of non-refoulement, the cornerstone of refugee protection.

“Arrests stem from preliminary interviews conducted by immigration officials who assess whether applicants have good cause for failing to enter the country through a designated port of entry and obtain an asylum transit visa at the border.”

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He said many applicants were found lacking good cause, resulting in their arrest for deportation. Nabeelah Mia from the LHR confirmed that it was representing the centre.

“The centre repeatedly approached the department of home affairs before and after approaching the LHR to no avail. After exhausting all alternatives, we approached the court.

“The victims are in police stations or deportation facilities because they are denied access to asylum,” she said.

The department’s spokesperson, Siyabulela Qoza, has not yet responded to questions sent to him this week.

Last month, the Consortium of Refugees and Migrants in South Africa, Kopanang Against Xenophobia and the South African Refugee Led-Network, with the support of Scalabrini and the LHR, led a picket against the practice of arresting asylum seekers.

The picket was held at refugee reception offices across the country to demand that the department stop arresting new asylum applicants.