Palestinian asylum seeker asks KZN court to halt prosecution over undocumented status

A Palestinian man who was arrested in Durban on allegations of being in South Africa illegally has asked the Durban High Court to stop criminal proceedings after being granted temporary asylum seeker documentation.

Urgent application argues prosecution is unlawful

The application, described as urgent and set to be heard on Friday, asks the court to direct that the prosecution either be withdrawn or that the criminal trial be halted pending the outcome of his asylum application. Court papers say the man was issued with documentation that authorises him to remain in South Africa while his asylum claim is processed.

Legal representation and respondents

The man is represented by attorney Yolanda Akram. The respondents listed in the papers include 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.

Background: arrival, arrest and steps to regularise status

According to the court papers, the man was working legally in the United Arab Emirates when conflict erupted in Gaza on 7 October 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, and that returning to Gaza was not viable 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 papers state he travelled to South Africa and arrived at OR Tambo International Airport on 7 June 2025, where he was issued with a visitor’s visa. He did not apply for asylum-related documentation on arrival, the papers say, and his visitor’s visa expired on 5 September 2025.

He was arrested near Durban’s beachfront on 29 December 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 9 February 2026. The papers say fellow detainees assisted with bail money and that humanitarian organisation Gift of the Givers later provided translators and support services.

Home Affairs findings and asylum documentation

Court papers say the man subsequently began efforts to regularise his status and apply for asylum. On 18 May 2026 Home Affairs officials found 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.

He was later issued with a Section 22 asylum seeker visa on 9 June 2026, valid until 23 June 2026, pending determination of his asylum application.

Legal arguments and next steps

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, and she says the issuing of the Section 22 permit “materially changed the legal position.” She submitted that “He is protected by Section 21(4)(a) of the Refugees Act and it is unlawful to continue criminal proceedings against him.”

According to the papers, prosecutors have declined to withdraw the charges despite being informed of the developments, and Akram has requested a review of that decision from the Director of Public Prosecutions. The criminal matter is expected to proceed on 25 June unless the High Court grants the relief sought.