ASYLUM seekers in South Africa yesterday secured a major legal victory
after the Constitutional Court ruled that they were eligible to apply
for visas or a temporary residence permit, even if their application
for asylum was rejected.
The apex court was handing down a judgment which was brought as an
appeal against the decision of the Supreme Court of Appeal (SCA),
relating to applicants who had been refused visas or permits under the
Immigration Act.
After her application for asylum was denied, Arifa Musaddik Fahme
tried to apply for a visitor’s visa under the Immigration Act, as her
husband and children were already legally living in the country, but
the Department of Home Affairs refused to accept the application.
Kuzikesa Swinda and Jabbar Ahmed also used the act to apply for
critical skills visas, but their applications were also denied, all
because of the department’s 2016 immigration directive barring
refugees and asylum seekers from applying for visas under the act.
In 2016, the Western Cape High Court declared the directive as
irrational as it was arbitrary, adding that Fahme’s rights had been
violated.
The court also held that there was no reason Swinda and Ahmed were
barred from applying for temporary work permits if they met the
requirements.
The department successfully appealed against the ruling at the SCA.
The applicants approached the Concourt, where the department argued
that its

officials had no discretion to accept and consider
applications for visas and permits made within the borders of the
country.
Yesterday, Justice Leona Theron said asylum seekers must be allowed to
apply for visas or permits under the act, and that they had to be
granted if they met the requirements, adding that the directive was
invalid as it was against a circular that was created by the
department to cater for the circumstances of refugees and asylum seekers.
The circular was withdrawn in 2016 when the directive was introduced.
“Asylum seekers are often not in possession of valid passports or
identity documents and not in the position to readily obtain their
documents. Within this, the department circulated the circular to its
employees and instructed them to accept and consider applications for
visas or permits made by asylum seekers not in position of valid
passports. The purpose of the circular was to ameliorate the
precarious position of asylum seekers and to afford them the
opportunity to apply for visas or permits in terms of Immigration Act
without a valid passport.
“It must be stressed that no administrative hurdles, relating to the
possession of passports and the like, may be introduced by the
department in order to disallow or discourage these kinds of
applications,” Justice Theron said. V.2533

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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