Home Affairs to be taken to court 06. Apr. 2016 Groundup
|
|
Home Affairs to be taken to court 5 April 2016 – Groundup Concern over withdrawal of rights of asylum seekers and refugees Immigration lawyers have accused the Department of Home Affairs of being in contempt of a High Court order. This comes after the department withdrew an instruction allowing asylum seekers and refugees to apply for permanent residence without giving up their asylum or refugee status. The Department also withdrew an instruction allowing asylum seekers and refugees to apply for temporary residence without a valid passport. Temporary residence visas include relatives` visas and work visas. "The effect of this is huge, as asylum seekers are struggling to get married and register the birth of their children with South African spouses," the Forum of Immigration Practitioners said. Another effect was that asylum seekers who did not have temporary residence could not open a bank account, FIPSA said. This made them vulnerable to crooks who preyed on them because they carried cash. The directive signed by Mkuseli Apleni on 3 February 2016 explains that the Department believes that asylum seekers (who are yet to be granted refugee status) should not have their status changed, for example given permanent or temporary residence, until they are certified as refugees. Following this logic, the Department has withdrawn a circular of 2008 which had allowed asylum seekers to apply for permanent residence. In the directive, Apleni, who is Director General of Home Affairs, states, "I wish to advise all immigration officials that Departmental Circular No. 10 of 2008 has fallen away since the 26th of May 2014 and is hereby officially withdrawn. All applications for change of status from asylum seeker permit to temporary residence visa which are still pending in the system should be processed as per this directive regardless of the date of application". Apleni`s directive comes in spite of a 2003
| | Western Cape High Court order. In the matter of Dabone and others vs the Minister of Home Affairs, the court instructed that asylum seekers and refugees should be able to apply for temporary residence permits and permanent residence without having to cancel their asylum seeker status or give up their refugee status. Another important provision of the court order was that asylum seekers or refugees do not need to be in possession of a valid passport for their temporary residence permits to be processed or issued. FIPSA said the Department`s new directive was "breaking the law" by deviating from the court order. "The Dabone Judgement is in fact a consent order of court which means that as parties to the agreement the Department of Home Affairs have agreed to it and that it is binding. As such it cannot be appealed to a higher court and any deviation thereto constitutes a contempt of court," said FIPSA. FIPSA also said that VFS, which is the company that processes visa documents, had stopped accepting applications for temporary or permanent residence from refugees or asylum seekers. FIPSA and other interested parties are to take the Department to court on 21 April 2016, with Tashriq Ahmed representing them. FIPSA told GroundUp that the Department had said it would defend the matter. "But it is a consent order, so it is inconceivable what defence they can mount. As we have seen before, Home Affairs have a pattern of just appealing matters to frustrate clients as justice is expensive, in the hope clients will run out of money." FIPSA said asylum seekers and refugees were vulnerable and few organisations took up their battle to win their rights under the constitution. The Department`s spokesperson promised on Friday to respond to questions but has not yet done so. V.1606 |
|
More related News
|
|
| |
|
Critical Skills Visa 02. Oct. 2025 SA Migration | | More than 380k South Africans blocked from IDs lawyers challenge home affairs 26. Aug. 2025 News 24 |
One of the highlighted topics: Critical Skills Visa.
- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr... - This matter relates to critical skills visa and its broader implications. - Individuals are advised to seek professional guidance.
Is your profession on the Critical Skills List? This visa is your fast trac V.6139 Click here for full article | | One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.
-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process. -Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide. -LHR appeals extension, urges affected people to seek help now.
Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.
In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.
V.6133 Click here for full article |
|
Airport Immigration Alert 25. Aug. 2025 SA Migration | | Airport Immigration Alert 25. Aug. 2025 SA Migration |
The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6128 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6129 Click here for full article |
|
A New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks 25. Aug. 2025 CNN | | High Court upholds corporate visa refusal: Implications for businesses 25. Aug. 2025 Biz Community |
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.
Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.
V.6130 Click here for full article | | On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.
Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.
V.6131 Click here for full article |
|
US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries 25. Aug. 2025 businessinsider | | Airport Immigration Alert 21. Aug. 2025 SA Migration |
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs. The United Statesâ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions. The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6127 Click here for full article |
|
ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS? 20. Aug. 2025 SA Migration | | E-Hailing & Scooter Drivers in South Africa â` Why Being LEGAL is CRUCIAL! 20. Aug. 2025 SA Migration |
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121 Click here for full article | | Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122 Click here for full article |
|