AHMED VS DHA

 In Ahmed and Others v Minister of Home Affairs, the Constitutional Court of South Africa ruled that asylum seekers inside the country are legally allowed to apply for temporary residence visas under the Immigration Act without needing to withdraw their asylum applications or produce a valid passport. [1]Key Details of the Case

• The Core Issue: Whether holders of asylum seeker permits (under Section 22 of the Refugees Act) can apply from within South Africa for a temporary residence visa under the Immigration Act. [1]
• The Directive: The Department of Home Affairs (DHA) previously issued a directive refusing such applications and demanding passport compliance or permit cancellation first. [1, 2, 3]
• The Ruling: The Constitutional Court found the DHA's restrictive policy and directive arbitrary, irrational, and inconsistent with the Constitution, protecting vulnerable applicants from unreasonable administrative hurdles. [1, 2]

If you'd like, I can provide more information on:

• The specific rights of asylum seekers regarding work and study in South Africa.
• How to regularize a stay after a rejected asylum claim.

Let me know what you want to explore next.