Home Affairs reveals 161k asylum seekers 'backlog' amid system strain
The Department of Home Affairs has said that South Africa’s asylum system remains under significant pressure, with a total backlog of more than 161,000 appeal cases, even as officials attempt to distinguish between active applicants and long-outstanding files.
Briefing Parliament, Advocate Zilpha Raphesu confirmed the scale of the backlog, which includes both active and inactive cases across the country.
"The total, all in all of the backlog project is 161,000 that we are currently sitting with, including the inactive cases."
However, a senior Home Affairs official clarified that not all cases should be treated as part of the backlog, noting that a significant portion involves active asylum seekers still complying with legal requirements.
The official said about 82,348 asylum seekers were currently active in the system, meaning they continue to renew permits and remain in contact with authorities.
"We are talking active clients, people that comply with the conditions of their permit by keeping it active, not necessarily all the applications that are in that space."
Of these, 199 cases were still before Refugee Status Determination Officers (RSDOs) and are not considered part of the backlog. A further 74,000 cases are under review by the Standing Committee for Refugee Affairs (SCRA), while 70,976 appeals are before the Refugee Appeals Authority (RASA).
"Those that are before the Refugee Appeals Authority, 70,976, these are clients that are in compliance with the Refugee Act."
In addition, 3,490 cases are currently under judicial review, where applicants are challenging decisions taken by the department.
"These are the clients that say they don’t agree with the outcomes and are predominantly dominated by Ethiopians."
Raphesu had earlier indicated that only about 70,976 cases could realistically be resolved quickly if the department succeeds in clearing the active backlog.
"If tomorrow we are successful in flattening this backlog, we would have flattened 70,976 cases."
A major challenge remains the more than 90,000 inactive cases, which are classified as abandoned under international legal provisions when applicants fail to maintain contact with authorities.
"If for a longer period someone does not come through, the law will then deem them to have been abandoned," said Raphesu.
Officials say legislative amendments are needed to formally close these inactive files, with the matter currently before the Constitutional Court.
Beyond the asylum backlog, the department also revealed that South Africa currently hosts more than 55,000 recognised refugees, with over 9,000 holding certification that allows them to apply for permanent residence.
"We are saying the active population is sitting at 55,190 refugees that are recognized," the official said.
Somali nationals make up the largest group of recognised refugees, followed by those from the Democratic Republic of Congo and Ethiopia. Many claims are linked to conflict, political instability, or persecution in their home countries.
Raphesu says while the department initially isolated about 133,000 cases under its backlog project, it has since expanded its scope to include new applications, significantly increasing the volume of cases under consideration.
However, a major concern is the more than 90,000 cases deemed inactive. These are applicants who have not maintained contact with authorities, with their cases considered abandoned under international legal provisions.
"The legal provisions that explain their inactiveness are called abandonment if, for a longer period, someone does not come through the law will then deem them to have been abandoned their cases."
Raphesu says authorities are still working to determine the whereabouts of many of these individuals, noting that some may have left the country, passed away, or transitioned into other visa categories such as spousal or critical skills permits.
Regionally, Tshwane carries the highest burden, with more than 64,000 appeals, followed by Durban and Cape Town. Smaller regions such as Musina and Gqeberha account for significantly fewer cases.
In terms of nationality, Ethiopian nationals dominate both active and inactive caseloads, followed by applicants from the Democratic Republic of Congo, Bangladesh, and Zimbabwe.
"On top of the list, we have the Ethiopians, we have about 24,324 active cases, and in terms of the inactive cases, there are 17,398."
Raphesu also flags concerns about patterns within certain groups, including Bangladesh nationals who often transition into other immigration categories, particularly spousal visas.
She further highlights systemic challenges, including no-shows for hearings, which delay finalisation of cases, as well as a growing number of judicial review applications. These legal challenges, she says, are often used to delay deportation.
Despite these challenges, the department has made progress. Since the inception of the backlog project in 2021, more than 19,000 appeals have been finalised.
Raphesu says efforts are underway to address legislative gaps that prevent the department from formally closing inactive cases. A Constitutional Court directive is expected to pave the way for administrative closure of these files.
She says the department is also adopting a new approach of processing both old and new applications simultaneously to prevent future backlogs.
At the same time, officials defended current legal processes governing access to asylum, including requirements for applicants to demonstrate “good cause” if they entered the country illegally before seeking protection.
They stressed that simply expressing an intention to apply for asylum does not automatically grant legal status, citing Constitutional Court rulings affirming the need to follow due process.
The briefing paints a complex picture of an asylum system under strain — balancing humanitarian obligations, legal compliance, and growing administrative pressure — as government works to clear backlogs while tightening enforcement of immigration laws.
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