Zim transgender asylum-seeker wins SA High Court appeal 18. Feb. 2020 Cite
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The applicant, Emily Musimwa, was remanded in custody by the Hillbrow Magistrate Court in January pending trial (February 17, 2020) for violating Section 49 of the Immigration Act. She then approached the High Court to seek recourse, having already spent two weeks in prison. Her lawyer, Dr Vusumuzi Sibanda argued Musimwa sought asylum because Zimbabwean laws are unkind to the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) community and she could not be deported to Zimbabwe without approaching the refugee centre. On February 12, 2020, at the High Court of South Africa: Gauteng Local Division in Johannesburg, Judge Kathree-Setiloane, ordered the Ministry of Justice and Correctional Services, the Director of Public Prosecutions: Gauteng Local Division and National Prosecution Authority, the Chief Director: Asylum Seeker Management DHA and the Minister of Home Affairs, cited at the first, second, third and fourth respondents to release Musimwa forthwith. “It is ordered that in terms of Regulation 2(2) of the Refugees Regulations, the applicant is entitled to remain lawfully in the Republic of South Africa for a period of 14 days in order to allow her to approach the Refugee Reception Office to submit her application for asylum,†read the high court order. The Director of Public Prosecutions: Gauteng Local Division and
| | National Prosecution Authority and the Minister of Home Affairs were “hereby interdicted from detaining criminally charging and or deporting the applicant in terms of the Immigration Act 13 of 2002 until her status under the Refugees Act 130 of 1998 has been lawfully and finally determined by the Refugees Determination Office.†Judge Setiloane also ordered the Chief Director: Asylum Seeker Management DHA and Minister of Home Affairs to immediately issue Musimwa with a permit contemplated in Section 22 of the Refugees Act 130 of 1998 read together with Regulation 2(2) of the Refugees Regulations. “The first and the second respondent are ordered to pay the costs of this application including the wasted cost on February 11, 2019, jointly and severally, the one paying the other to be absolved,†said the high court order. Musimwa’s lawyer said she was “never supposed to stay in custody and the court was supposed to release her the day we appeared (that was January 22, 2020) because the law is clear on that for claimants to the asylum system. The Magistrate (at (Hillbrow Magistrate Court) failed to apply the law and neglected the rights of Ms Emily Musimwa,†said Dr Sibanda. www.samigration.com V.3008 |
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- 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.
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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.
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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 |
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