Immigration Crisis | Why rejected asylum seekers can't be deported

The Department of Home Affairs has withdrawn a controversial directive on the intake of asylum applications following violent anti-immigration protests in Soweto and Durban.

The directive was issued after a Constitutional Court judgment on the rights of asylum seekers to access the application process, even where they entered the country irregularly or failed to meet certain procedural requirements.

But the ruling does not automatically grant anyone refugee status or permanent residence. Every claim must still be assessed under the law.

Home Affairs says the directive overwhelmed refugee reception offices, raised concerns about the safety of officials and contributed to serious public-order risks. The department now says it will develop a new way of implementing the court's ruling.

So, what does the law actually require, what happens to people seeking asylum now, and how does government prevent a breakdown in public confidence without compromising constitutional rights?

To help us understand the legal and practical implications, we're joined by ounder & Director of MS Immigration Advisory Moeketsi Seboko.

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