The Scalabrini Centre in Cape Town has won an interim interdict barring the deportation of all foreign nationals who indicate that they intend to apply for asylum.

The Western Cape High Court has provisionally halted the deportation of all foreign nationals seeking to apply for asylum pending the finalisation of constitutional litigation about the law on refugees.

Last week, following an application by the Scalabrini Centre in Cape Town, acting Judge Brandon Manca ordered that foreign nationals may not be deported if they have indicated their intention to apply for asylum under the Refugees Act.

Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm, such as a war-like situation.

According to the Refugees Amendment Act, asylum seekers who enter the country through a port of entry are granted an asylum transit visa. Those who do not enter through an official port of entry or are refused an asylum transit visa will, when applying for asylum at the Refugee Reception Office, be interviewed by an immigration officer to find out why they do not have this visa.

Until the current court case, those who did not enter the country legally...