ConCourt rules Refugees Act doesn`t place time limitation on asylum applications 20. Dec. 2018 News24
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The apex court was considering the constitutionality of the Refugees Act after Alex Ruta, a Rwandan national who entered the country unlawfully in December 2014, applied to have a Supreme Court of Appeal (SCA) ruling overturned. `At issue was whether a prospective asylum seeker should be allowed to apply for asylum at any time they might express an intention to do so after arriving in the country, even if they have delayed,` the Constitutional Court explained in a statement on Thursday. Ruta initially approached the High Court when the Department of Home Affairs moved to deport him after he was convicted and imprisoned for traffic violations. He was undocumented when he was first arrested in March 2016. Ruta fought back by formally applying for asylum under the Refugees Act, citing that his life would be in danger if he returned to Rwanda. This application was denied by the minister of home affairs as Ruta had taken `too long to do so`. `With his deportation imminent, Mr Ruta applied to the High Court for an order interdicting his deportation and granting his release so he could apply for asylum under the Refugees
| | Act,` the Constitutional Court noted in its ruling. The High Court granted this order. The home affairs ministry headed to the SCA arguing that Ruta had failed to apply for asylum without delay. The SCA reversed the High Court judgment in favour of Ruta. The SCA, in addition, also found that Ruta was disqualified from receiving a refugee permit as he had been convicted of a crime and was in contravention of the Immigration Act when he entered the country unlawfully. In a unanimous judgment, Justice Edwin Cameron overturned the SCA ruling stating that the Refugees Act is clear that delay does not disqualify Ruta from seeking asylum. `The only grounds on which an application may be refused are those set out in the Refugees Act itself. `The Refugees Act embodies a fundamental principle under international law â€` in terms of which one fleeing persecution has the right to seek and enjoy asylum. This principle is the cornerstone of refugee law and a significant doctrine of human rights law,` the Constitutional Court ruled. V.2681 |
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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.
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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 |
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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.
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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.
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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 |
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