Life-changing Court Order for refugees’ spouses and children handed down, day before World Refugee Day 01. Jun. 2019 SA Migration
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The Order, confirmed by the court following successful negotiations between the Department of Home Affairs and civil society, pertains to children and spouses of asylum seekers and refugees living in South Africa. Wives, husbands, children and other dependents of asylum-seekers and refugees are able to document themselves in South Africa as ‘dependents’ of the principle asylum applicant in a process commonly known as ‘family-joining’. This aspect of the Refugee Act â€` outlined at section 3(c) â€` means that refugee families can be documented together, ensuring their rights to family unity and dignity in South Africa. As refugees cannot return to their country due to conflict or persecution, maintaining a family unit that is documented together is an important part of building stability and ensuring proper refugee protection in South Africa. However, many applicants had experienced barriers when trying to join family members in this way. Wives, husbands, children, and other dependents of asylum applicants and refugees have been left with no way to document themselves in South Africa. They have been forced into an undocumented state, placing them in a position that is vulnerable to exploitation, detention and arrest. In reaction to this, civil society organisations Scalabrini Centre of Cape Town represented by the Refugee Rights
| | Unit at UCT, and Advocate Suzanna Harvey, took the matter to court in 2016. The order confirms a set of Standard Operating Procedures which have been agreed on between DHA and the applicants. As such, dependents are now able to apply to be documented as either through family joining or in om their own grounds, upon provision of certain documents, where possible, such as a marriage certificate or birth certificate â€` regardless of where the marriage or birth took place. Affidavits are to be submitted in the absence of such documents. This family joining is to be completed regardless of whether the dependents were included in the applicant’s original asylum application or not. Should there be “serious doubts` about the validity of a parents’ claim over their child, DHA can request a DNA test, which will then be assessed and possibly funded by the United Nations High Commission for Refugees (UNHCR). Administrative nuances aside, the ultimate success of this case is that asylum-seeking and refugee families can now fulfil their right to access documentation in South Africa. With documentation, these families no longer need to fear arrest and detention, can work legally, and can enrol their children in school without administrative barriers V.2883 |
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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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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.
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