In a very comprehensive judgment handed down today in the High Court
of South Africa , Western Cape Division, Immigration Directive 21 of
2015 barring Refugees and Asylum seekers form applying for a change of
status to any Visa or Permit in terms of the Immigration Act has been
declared to be inconsistent with the Constitution of the Republic and
invalid and set aside.


Following a 53-page comprehensive judgement Acting Judge Sher dealt
with a number of issues as he attempted to answer the question, is
there anything in law and principle prohibiting applications for visas
and permits from those in possession of asylum seeker permits and
refugee permits? The Judge drew from the historical context of the
Refugee law regime, International instruments as well as the existing
body of immigration jurisprudence and concluded that an interpretation
of the existing Refugees Act and proposed amendment Act, that would
lead to the conclusion that Asylum Seekers and Refugees are not
permitted to apply for a Visa or Permit in terms of the immigration
Act is irrational and falls foul of the principle of legality and rule
of law. The court thus concluded that the Director General in issuing
Directive 21 acted arbitrarily and irrationally.


An important aspect of his judgement was that even failed

asylum
seekers were permitted to apply for a visa in terms if the
immigration Act. He pointed to the provisions of section 32 wherein
illegal foreigners are allowed to approach the Director General for
authorisation to apply for a status and submitted that the same
section was applicable to failed asylum seekers who would have been
rendered illegal on the basis of the rejected asylum seeker
application. This is an important clarification as this area had been
subject to much debate.


The effect of this judgement is that Immigration Directive 21 has been
set aside on the ground that it is arbitrary an unconstitutional.
Although the court did not make a declaratory order compelling Home
Affairs to comply with the order of the court in the Dabone case the
court found that its common cause that in essence Circular 10 of 2008
regulating this process would be reinstated.

Holders of asylum
seeker permits and refugees may now apply for the relevant immigration
permits and visas.


We have been instrumental in assisting the lawyer Tashriq Ahmed and
others to bring this landmark judgment to its successful conclusion
says Rod Maxwell, CEO, SA Migration International, www.sami.co.za V.1758

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
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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
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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
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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
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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
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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
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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 States’ 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
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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
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•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 •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.•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
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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
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