The Gauteng High Court in Pretoria has ordered the Minister of Home Affairs and the Director-General of the department to promptly respond to over a dozen online requests for the extension of temporary asylum seeker visas.
The case—Ziaul and Others v Minister of Home Affairs and Another—was heard on an urgent basis on December 10, 2024, as the applicants, all originating from Bangladesh, faced imminent risks of arrest and deportation due to expired permits. Despite several follow-up letters to the Department of Home Affairs, the applicants received no response regarding their applications for the extension of their visas. With their temporary permits allowing them to stay in South Africa having expired, the applicants turned to the court to safeguard their rights and well-being.
In delivering the judgment on December 17, 2024, Acting Judge TE Joyini emphasised that the continued inaction by Home Affairs constituted a violation of the applicants’ rights to just administrative action, access to essential services, and protection from deportation under the Refugees Act. The court established urgency based not just on the expired permits but also on the psychological toll it imposes on asylum seekers, who live in constant fear of detention.
This case is part of a broader context, which includes significant judicial precedents. The Constitutional Court has previously ruled against provisions that deemed asylum seekers to have abandoned their applications if they fail to renew their visas within a month of expiry, thereby highlighting the systemic challenges found in the immigration and asylum processes in South Africa.
The judgment reinforces the critical role that temporary permits play for asylum seekers, allowing them legal status in the country while their asylum applications are processed. South African law stipulates the necessity for a timely decision by Home Affairs officials on applications for extensions. In this instance, the court found that delays in addressing the extension requests are tantamount to administrative failure, prompting the urgent need for action.
As part of the ruling, the court ordered that written responses be provided to the applicants within 10 days. The asylum seeker must also be granted temporary visas within 14 days.
