The Constitutional Court of South Africa has ruled that asylum seekers without valid transit visas cannot be deported, declaring sections of the Refugees Act unconstitutional.

The court emphasized that the amendments to the act violated the international principle of 'non-refoulement,' which prohibits returning individuals to countries where they face persecution.

The ruling criticizes the Home Affairs department for poor legal arguments and unsupported claims about Afghan and Bangladeshi nationals' involvement in human trafficking.

Justice Steven Majiedt highlighted that the amendments created arbitrary procedural barriers, exposing asylum seekers to deportation without proper asylum process access.The court reaffirmed that asylum seekers must not be deported until they have fully engaged with the asylum system.

This decision aligns with a previous ruling by the Western Cape High Court and underscores the need for fair, non-discriminatory treatment of refugees.The ruling has immediate effect and mandates that immigration officers cannot use unguided discretion in deportation decisions.

The court also ordered the government to cover legal costs, emphasizing the importance of upholding refugee rights and preventing xenophobic narratives.