Overview
- South Africa’s Constitutional Court, ruling Tuesday, upheld Home Affairs’ appeal and struck down a 2024 Supreme Court of Appeal decision that had allowed two rejected applicants to file new claims.
- The case concerned Burundian nationals Amina Irankunda and Arava Niyonkuru, who argued they became “sur place” refugees — people who qualify due to events after leaving home — following Burundi’s 2015 unrest.
- Writing for the majority, Justice Jody Kollapen said the Refugees Act is silent on reapplications and warned that allowing them would create a never‑ending loop the courts cannot write into law.
- The decision means people with final refusals now fall under the Immigration Act, which can speed deportation and restricts access to refugee reception offices.
- Rights groups warned of refoulement risks and urged lawmakers to create a process for changed‑circumstance claims, as Home Affairs celebrated the win and protests over illegal immigration continued in parts of the country.