The centre was the applicant in the case which took aim at sections of the Act, which provided that an asylum seeker was automatically deemed to have abandoned their asylum application if they did not renew their visa within one month of its expiry.
In the unanimous ruling handed down on Tuesday, the Constitutional Court categorised refugees as an `especially vulnerable group`, adding that `their plight calls for compassion`.
JOHANNESBURG - The Scalabrini Centre of Cape Town has welcomed a Constitutional Court ruling setting aside sections of the Refugees Act stating that it’s going to make a marked difference in the lives of those fleeing persecution.
The centre was the applicant in the case which took aim at sections of Act, which provided that an asylum seeker was automatically deemed to have abandoned their asylum application if they did not renew their visa within one month of its expiry.
In February, the Western Cape High Court ruled in Scalabrini’s favour, and on Tuesday, so too did the Constitutional Court.
The centre’s head of advocacy and legal advisor James Chapman said: `It’s going to be very, very impactful, very meaningful, because in 2020 when the amendment came out, it meant an asylum seeker who had been struggling with the backlogs and challenges of accessing asylum was routinely cut out of the asylum

process, and subjected to arrest, detention, deportation and being returned to a persecutory environment`.
`So, now they have the solace, they have the protection that they`re not going to face being returned to their country where they wouldn`t be safe, where their life, liberty, fundamental human rights would be at risk,` he added.
LANDMARK JUDGEMENT
In the unanimous ruling handed down on Tuesday, the Constitutional Court categorised refugees as an “especially vulnerable group”, adding that “their plight calls for compassion”.
And it found the sections in question were “directly at odds” with this approach, as well as with the principle of ‘non-refoulement’, which provides that refugees or asylum seekers should not be made to go back to a country where they’re liable to be subjected to persecution.
It also found these sections “fly in the face” of the Refugees Act’s own provisions barring the return of individuals to countries where they’re under threat, as well as that they “infringe the right to dignity, unjustifiably limit the rights of children and are irrational and arbitrary”.
The Department of Home Affairs was ordered to pay costs in the matter. V.5119

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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