The South African Constitutional Court ruled that certain sections of the Refugees Act and Refugee Regulations are unconstitutional, as they unlawfully prevent asylum seekers from accessing the asylum system. The Scalabrini Centre of Cape Town challenged these provisions, arguing they violate the fundamental right not to be returned to persecution and result in arrests and deportations. The court confirmed the high court's finding that procedural non-compliance cannot justify disbarment from the asylum process without evaluating the merits of each case. Home Affairs opposed the ruling, claiming the provisions maintain necessary border control and prevent unauthorized migration. The judgment emphasizes the principle of non-refoulement and the need to assess asylum claims fairly.
Bias read (Progressive): The article frames the ruling as a victory for human rights and constitutional principles, emphasizing the violation of asylum seekers' rights and the state's obligation to protect them. While it presents both sides (Scalabrini's arguments and Home Affairs' counterpoints), the emphasis on the illegl




