Although Western Cape High Court Judge Ashley Binns-Ward felt it was not up to him to decide whether Alexis Kalisa could stay in SA or not, he referred Kalisa’s matter back to the Refugee Appeal Board so that his asylum application could be determined afresh.


Kalisa’s travails began in 1994 when his parents fled Burundi for neighbouring Rwanda during a time of extreme turmoil in the region, following the death of the presidents of Burundi and Rwanda in a plane crash and severe conflict between Hutus and Tutsis.
The judgment noted that Kalisa’s father was being persecuted in Burundi because of his affiliation to a political grouping known as the “Union pour le Progres National” (the Union for National Progress).


Kalisa’s family lived from “hand to mouth” in Rwanda and he joined or aligned himself with an opposition political movement there.


In 2005, at the age of 18, he left Rwanda for South Africa and applied for asylum.
It was refused by the refugee status determination officer at the refugee reception centre in Port Elizabeth in 2007.
He lodged an appeal against the decision to the Refugee Appeal Board but skipped the appointment in 2008. As a result, his bid failed.


In the judgment, it emerged that Kalisa moved to Cape Town and in a wave of xenophobic violence in 2008, found himself living at a temporary site for foreign nationals set up at the Youngsfield Military Base in Cape Town.


While there, he was encouraged to

regularise his presence in South Africa and on the insistence of the Department of Home Affairs, submitted a fresh application for asylum in 2008.
After the violence subsided and he could go back to work, he periodically had his asylum-seeker permit extended.But in August 2017 he was told that because his previous appeal to the Refugee Appeal Board had been unsuccessful, he had to leave South Africa.
He took the matter to court where the law clinic had argued that it would be inhumane to separate the family.


Binns-Ward found that authorities were supposed to consider the merits of the matter whether he was present or not, instead of turning him down because he failed to turn up for the hearing.
The court provided a strict timeline for Alexis Kalisa, the Department of Home Affairs, and lawyers from the University of Cape Town’s Refugee Law Clinic, which represented him, to adhere to.


The judge’s orders include that the 2008 decision of the Refugee Appeal Board dated April 3, 2008 rejecting his application for asylum be set aside and that the matter be sent to the authorities for a fresh start. While this is being dealt with, the validity of Kalisa’s permit must be extended, the court ordered.


In the meantime, Kalisa has made a life for himself in South Africa with two children and his partner, who is from the Democratic Republic of Congo.

www.samigration.com V.3038

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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