Pretoria – The Department of Home Affairs has secured a major legal victory after the Constitutional Court ruled that repeat asylum applications are not permitted once an original application has been finally determined.
In its majority judgment in Director-General, Department of Home Affairs and Others v Irankunda and Another, the apex court upheld the department’s appeal against a Supreme Court of Appeal ruling that had allowed repeat applications.
The decision, delivered on Tuesday, 12 May 2026, closes the door on asylum seekers submitting multiple applications after initial rejection.
The ruling is the latest milestone in the SA government’s efforts to curb abuse of the asylum system and strengthen immigration management.
It follows Cabinet’s recent approval of the Revised White Paper on Citizenship, Immigration and Refugee Protection, which introduces the “first-safe country” principle to prevent asylum seekers from bypassing regional options to settle in South Africa.
Home Affairs Minister Dr. Leon Schreiber welcomed the judgment, calling it “an affirmation of the unprecedented progress we are making in restoring the rule of law and clamping down on abuse in the immigration and asylum systems.”
He said the reforms were anchored in the constitution and were rapidly resolving challenges that had long undermined the system.
The department said the ruling reinforces its broader drive to rebuild immigration and refugee frameworks “from the ground up” to better serve South Africa’s interests.
