Asylum seekers in South Africa face arrests and bureaucratic barriers

Asylum seekers in South Africa face arrests and bureaucratic barriers! In 2018, armed forces stormed Fayisa Abo’s village in Hosaina, Ethiopia, killing several of his family members. Fearing for his life, the then 28-year-old fled to Kenya, hoping to find safety. However, applying for refugee status and finding work in Kenya proved difficult.

Hearing from friends that South Africa might offer better opportunities, Abo made his way there the same year and settled in Durban. However, despite multiple attempts to apply for asylum, he has faced constant rejection.

“I have gone to the Durban and Pretoria refugee centres many times,” Abo told GroundUp, “but each time, I was turned away.”

Abo is among thousands of asylum seekers in South Africa who face bureaucratic roadblocks when trying to apply for asylum. The Refugees Act was amended in 2018, making it even harder for those without valid visas or passports to access legal protection.

Asylum Seekers Face Raids and Arrests

While Abo struggles with his documentation, he also lives in constant fear of arrest. The shop where he works is frequently raided by police and the Department of Home Affairs.

“In the last three months, police have raided the shop at least once a week,” he said.

Abo has so far managed to escape arrest, but he knows it is only a matter of time before he gets caught.

“When I came to South Africa, I thought I would be safe,” he said. “But without papers, it’s not safe at all.”

His story mirrors that of other asylum seekers who spoke to GroundUp.

Asylum seekers in South Africa

A System That Pushes Asylum Seekers into Illegality

In 2020, 24-year-old Zemedkun Bekele Bashe fled southern Ethiopia after his brother and sister were killed. He, too, settled in Durban and tried to apply for asylum multiple times, only to be turned away.

He even traveled to Pretoria, hoping to have better luck at the refugee centre there, but his application was again rejected.

“I was once arrested for not having documents,” Bashe said. His brothers had to hire a lawyer to argue that he was an asylum seeker. Although he was eventually released, police continue to raid the shop where he works, forcing him to hide every time to avoid arrest.

Like Abo and Bashe, Tagyng Funga fled Ethiopia in 2022 due to civil war in his hometown. Despite his best efforts, he has also been unable to apply for asylum.

“They tell us to come back next time, but every time we go, nothing changes,” Funga said.

A Malawian asylum seeker, who wishes to remain anonymous, said he fled his country due to religious persecution and has tried since the COVID-19 pandemic to get documented.

“On my first visit to Home Affairs, I got there before sunrise, but they told me they had already reached their limit for the day,” he said.

Since then, he has been turned away repeatedly and has had to dodge police raids to avoid arrest.

Intensified Arrests in Johannesburg

According to Asende Eloco Asel, from the refugee rights group Emo ‘ya M’mbembe M’mbondo South Africa, the situation has become even worse in Johannesburg.

“Many new applicants must submit letters from human rights lawyers to be considered,” Asel said. “But those without documents are simply arrested and detained.”

Constitutional Court Challenge Against Refugee Law Amendments

The 2018 amendments to the Refugees Act introduced an additional layer of bureaucratic hurdles for asylum seekers.

Under the new law, anyone without a valid visa must first undergo an interview with an immigration officer before they can even apply for asylum.

During this preliminary interview, the applicant must explain why they entered South Africa unlawfully. If the officer rejects their reason, the person may be arrested and deported.

This has created a legal loophole that prevents many people from even starting the asylum process.

In 2023, the Scalabrini Centre in Cape Town took the Department of Home Affairs to court, arguing that these new procedures violate the Constitution.

The court issued a temporary interdict, stopping the deportation of asylum seekers who intend to apply for asylum. However, the ruling did not stop arrests.

In February 2024, the Western Cape High Court heard the second phase of Scalabrini’s case, in which they argued that the 2018 amendments should be declared unconstitutional. A judgment is still pending.

Home Affairs Effectively Shuts Down the System

One unintended consequence of the court order was that Home Affairs stopped accepting new asylum applications from people without valid visas.

Yet, police continue to arrest undocumented asylum seekers, putting them in an impossible situation—they cannot apply for legal protection, but they can still be arrested.

A visit to the Refugee Reception Office in Cape Town confirmed this issue. Officials told GroundUp that only asylum seekers with valid visas can apply.

Those without visas must wait for the court’s decision, which means they are forced to live in South Africa unlawfully, constantly at risk of arrest.

No Comment from Home Affairs

The Department of Home Affairs was given multiple opportunities to comment on the issue but had not responded by the time of publication.

The Struggle for Survival

For asylum seekers like Abo, Bashe, and Funga, the reality is clear—they have nowhere else to go.

They fled their home countries seeking safety, yet South Africa’s asylum system has turned them into undocumented, criminalized individuals.

Unless the government fixes its asylum process and allows new applicants to apply without fear, many will continue to live in the shadows, hiding from police, and unable to work or build a future.

For now, their only hope lies in the court’s decision on the constitutionality of the Refugees Act amendments—a decision that could determine their fate in South Africa.