The Constitutional Court has confirmed a high court ruling that invalidates sections of the Refugees Act and Refugee Regulations, which were used to unlawfully bar asylum seekers from accessing the asylum system.The Scalabrini Centre challenged provisions that denied new applicants access, arguing they violated constitutional and international obligations.The court emphasized that procedural non-compliance cannot justify disbarment from the asylum system without assessing each case's merits.

Justice Steven Majiedt criticized the state's 'safety valve' rationale as ill-conceived, noting it undermined the principle of non-refoulement.Home Affairs argued the provisions balance immigration control, but the court rejected this, stating the legislation contravenes fundamental rights.The ruling ensures asylum seekers can apply regardless of immigration status, provided they meet procedural requirements.

The decision highlights systemic flaws in South Africa's immigration framework and reinforces protections against deportation and detention for vulnerable individuals.