Important legal developments for Asylum Seekers and Refugees Status

Asylum seekers right to work or study

Whilst awaiting outcome of asylum application in terms of section 21 and in possession of an asylum seekers permit in terms of section 22. Previously the Department of Home Affairs were reluctant to grant automatic rights to work or study for asylum seekers whilst their main asylum application was pending. The landmark case of Minister of Home Affairs in South Africa and Others v Watchenuka and Another 2004 (4) SA 326 (28 November 2003), the Supreme Court of Appeal found that the general prohibition on work or study for asylum seekers to be unlawful based on the founding right in our Constitution that everyone has the right to dignity. We are leading immigration lawyers who firmly stand by what is enshrined in the constitution. Contact us should you need any advice or help regarding your right to work or study in South Africa.