Palestinian asylum seeker asks KZN court to halt prosecution over undocumented status
A Palestinian man who was arrested in Durban for allegedly being in South Africa illegally has approached the Durban High Court in a bid to stop criminal proceedings against him after being granted temporary asylum seeker status.
The POST reported that the urgent application, set to be heard on Friday, argues that the continuation of the criminal case is unlawful because the man has since been issued with documentation allowing him to remain in the country while his asylum application is considered.
The man, represented by attorney Yolanda Akram, has cited the manager of the Durban Refugee Reception Office, the Minister of Home Affairs, the director-general of the Department of Home Affairs and the National Director of Public Prosecutions among the respondents.
According to court papers, the man was working legally in the United Arab Emirates when conflict erupted in Gaza on October 7, 2023.
Akram said her client had been residing in the UAE on a work permit, but when the permit expired, he was no longer entitled to remain there.
She said returning to Gaza was not a viable option because of the ongoing conflict and humanitarian crisis.
“Had there been any safe or feasible option of returning to his family in Gaza, that would have been his first choice. However, due to the ongoing war, the destruction in Gaza and the practical impossibility of safely re-entering and living there, this was not a realistic option,” she stated.
The man travelled to South Africa and arrived at OR Tambo International Airport on June 7, 2025, where he was issued with a visitor’s visa.
Akram said her client did not understand English and was unaware of South Africa’s asylum processes, resulting in him not applying for the appropriate asylum-related documentation upon arrival.
His visitor’s visa expired on September 5, 2025.
According to the application, he was arrested near Durban’s beachfront on December 29, 2025, after allegedly failing to produce valid immigration documents when approached by police.
He was charged with being an illegal foreigner and detained before being granted bail on February 9, 2026.
Akram said fellow detainees assisted with bail money because her client had no financial means of his own.
She added that humanitarian organisation Gift of the Givers later assisted him with translators and support services.
Court papers reveal that he subsequently began efforts to regularise his status and apply for asylum.
On May 18, 2026, Home Affairs officials found that he had shown sufficient “good cause” for his delayed asylum application and issued him with a Form 20 authorising him to remain in South Africa.
Despite this, Akram said representations to prosecutors requesting that the criminal case be withdrawn were unsuccessful.
The man was later issued with a Section 22 asylum seeker visa on June 9, 2026, valid until June 23, 2026, pending the determination of his asylum application.
Akram argues that Section 21(4)(a) of the Refugees Act prohibits criminal proceedings relating to unlawful entry or presence in South Africa while an asylum application is being processed.
In supplementary papers filed before court, she contended that the issuing of the Section 22 permit materially changed the legal position.
“He is protected by Section 21(4)(a) of the Refugees Act and it is unlawful to continue criminal proceedings against him,” she submitted.
According to Akram, prosecutors have declined to withdraw the charges despite being informed of the developments.
She has since requested a review of that decision from the Director of Public Prosecutions.
The criminal matter is expected to proceed on June 25 unless the High Court grants the relief sought.
The man is asking the court to direct that the prosecution be withdrawn or, alternatively, that the criminal trial be halted pending the outcome of his asylum application.
IOL News
