Rejected asylum seekers can’t reapply for legal protection: Kubayi

Justice and Constitutional Development Minister Mmamoloko Kubayi says asylum seekers whose claims have been rejected cannot simply reapply to regain legal protection.

Addressing the media in Pretoria, she says, anyone raising a genuine new risk of persecution or serious harm must be referred for legal advice before removal.

Kubayi says rejected applicants will be flagged to curb abuse of the system, while deportations for other immigration violations will continue.

She says, “The position of a person whose asylum claim has been finally rejected is different, he or she has no right under the act to make a subsequent application and does not reactivate the protection of section 2 by declaring an intention again.”

Kubayi adds, “The court expressly left open whether the act is under-inclusive in making no provision for a genuinely new claim arising after final rejection.” Until that question is resolved, a specific and new claim that removal would expose such a person to persecution or serious harm should be referred for legal advice before removal.”