William Kerfoot, the regional director of the LRC in Cape Town said: "There appears to be a new policy by the Department of Home Affairs of immediately arresting and detaining asylum seekers whose applications are refused by the Refugee Appeal Board or the Standing Committee for Refugee Affairs.

"The result is that an asylum seeker, who approaches refugee affairs to renew his or her permit, after being handed the negative result, is immediately handed over to immigration officials where he or she is arrested."

He cited an example of a Congolese man who has lived in South Africa since 2002, whose two children were born in South Africa, whose appeal was heard in 2007, who was handed a refusal of asylum by the Refugee Appeal Board on Thursday 17 November and was immediately arrested and detained for deportation.

Kerfoot noted that in the past people were afforded the approximately a month to wind up their affairs, to make representations to the Director-General or to take the Refugee Appeal Board or Standing Committee on review.

"We requested that our client be taken to court by Sunday but we got no cooperation. In fact, the Immigration officials reneged on an undertaking to bring the client to court on Monday 21 November.

"He was yesterday (Wednesday 23 November) released by the Magistrates Court. We are preparing to apply to the High Court for a declaratory order declaring this new practice or policy 'unconstitutional'," Kerfoot said.

NOTE: For more information please contact Khumbulani Mpofu, LRC's Communications and Marketing Officer at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 011 838 6601.

The LRC is an independent, non-profit, public interest law clinic, which uses law as an instrument of  justice to provide legal services for the vulnerable.