The Home Affairs Committee has expressed concern over the rising number of judicial review applications in asylum and refugee cases, highlighting the strain on the system and calling for urgent reforms.
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The Portfolio Committee on Home Affairs has raised concern over what it describes as increasing abuse of litigation processes in asylum and refugee applications, warning that the trend is placing strain on South Africa’s immigration and asylum system and contributing to significant backlogs.
The committee made the remarks following an engagement with the Department of Home Affairs and the Refugee Appeals Authority of South Africa on measures aimed at addressing the growing backlog in asylum seeker and refugee applications.
According to the committee, RAASA was served with 2,733 judicial review applications during the reporting period, a figure it says highlights the scale of legal challenges being mounted against asylum and refugee decisions.
Committee Chairperson Mosa Chabane said while the right to legal review is constitutionally protected, there is concern that the system is being misused to delay outcomes.
“The committee subscribes to the principle of fair and lawful adjudication of asylum and refugee applications,” Chabane said.
Chabane added: “The abuse of the system through prolonged litigation undermines the entire asylum framework and significantly delays the processing of genuine applications.”
The committee has now called for renewed engagement between the Department of Home Affairs, the Department of Justice and Constitutional Development, and the judiciary to consider the establishment of specialised courts to deal specifically with asylum and refugee-related appeals. It also proposed that retired judges could be appointed to assist in handling such matters in order to speed up adjudication processes.
Lawmakers further raised concerns about the prevalence of so-called double applications, where individuals allegedly apply simultaneously through both immigration and asylum or refugee systems. The committee said this reflects weaknesses in the department’s systems, which are currently not sufficiently integrated to detect duplicate applications.
It has urged the Department of Home Affairs to strengthen its digital systems to improve verification and prevent duplication, warning that fragmented processes continue to undermine efficiency.
The committee also highlighted gaps in enforcement, noting the absence of an effective track-and-trace mechanism for applicants who withdraw claims or fail to appear for adjudication. It further expressed concern over the under-resourcing of the department’s inspectorate unit, saying this limits enforcement capacity and compliance monitoring.
On broader institutional reforms, the committee reiterated the urgency of finalising the review of the White Paper on Citizenship, Immigration and Refugee Protection, arguing that existing policy frameworks are outdated and no longer fully responsive to current migration pressures.
“The challenges confronting the asylum and immigration environment underscore the need to expedite the review of the White Paper to ensure legislative and policy gaps are closed and that the framework remains responsive to current realities,” Chabane said.
While the committee welcomed improvements in the department’s overall performance during the fourth quarter of the previous financial year, it flagged missed targets linked to its digital transformation agenda.
“The department presented several critical targets aimed at modernising and transforming its operations,” Chabane said.
However, the committee noted delays in key projects such as the digitisation of paper-based records and the rollout of integrated service delivery systems, warning that these setbacks continue to slow down modernisation efforts.
The committee said it will convene further engagements to conduct a more detailed assessment of systemic challenges within the asylum and refugee management framework, as pressure mounts to improve efficiency and reduce long-standing backlogs.
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