People going to any Refugee Reception Centre in Cape Town , Gqeberha ( Port Elizabeth ) Marabastad Pretoria & Mesina know this if you never reported to border post to get an asylum transit visa when you go for the first interview for asylum you will be arrested if you don’t have this and you will be brought before a magistrate to explain why you never got it . If you cannot convince magistrate you will be deported

Gauteng High Court rules in favour of Motsoaledi on detention of illegal immigrants

The Gauteng High Court, Johannesburg, has ruled in favour of Home Affairs Minister Dr Aaron Motsoaledi following an application by a group of illegal immigrants that their detention at the Modderbee Correctional Services Centre in Benoni was unlawful and against immigration and refugee acts.
However, the court, in its judgment, found no basis for this argument, saying the mere expression of intention to apply for asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998 section 21(1b) requirement to show good cause for illegal entry and stay in the country.
At the centre of the matter is an application made by Thomas Godiso, Abi Osman Yusuf and four others on an urgent basis, seeking to interdict the the minister and other respondents from detaining, prosecuting and deporting them until their status has been lawfully and finally determined in terms of the Refugees Act 2 as amended.
The applicants also sought declarators that their continuing detention is unlawful and that, in terms of section 2 of the Refugees Act, they are entitled to remain lawfully in the Republic of South Africa until their applications for refugee status are finally determined in terms of the same act.
In addition, the applicants also sought orders directing the minister and director-general of Home Affairs, that upon submission of their applications for asylum, the minister and others must accept same and issue them with temporary asylum seeker permits in terms of section 22 of the Refugees Act, within 15 days, pending finalisation of their asylum seeker applications, including the exhaustion of their right of review or appeal in terms of chapter 3 of the Refugees Act and the Promotion of Administrative Justice Act.
Judge Dunstan Mlambo on Thursday dismissed the application made by the six illegal immigrants, ordering the applicants to pay the minister, his director-general, and the national director of public prosecution costs for the amendment application.
“The first, second, third and fourth respondents are directed, to the extent necessary, to take all reasonable steps, within 60 days from the date of this order, to afford the applicants an opportunity in terms of section 21(1b) of the Refugees Act 130 of 1998, read with regulation (8)(3) thereto, to show good cause is not established, to unfold until it is finally determined.
“The first, second, third and fourth respondents are directed to approach the magistrate’s court, for the extension of time should the review or appeal process not be finalised within the 60-day period. The request should be accompanied by a report directed to the magistrate’s court, setting out what steps have been taken and why the process has not been finalised within the 60-day period,” the judge said in his ruling.
The applicants, some of them from Ethiopia and Somalia, have argued that they were persecuted in their home countries.
Degefa Lembore and Temesgen Matiwos

were arrested on September 1, 2023, in Germiston and Johannesburg respectively, while Godiso and Teketel Hajiso were arrested on June 2 and August 3, 2023, respectively, in Daveyton. They argued in court that while living in Tigray, Ethiopia, they were persecuted by the ruling party for their political and religious beliefs due to their mobilisation efforts as members of the Ethiopian People’s Revolutionary Party, an opposition political party.
They further stated that Ethiopia’s ruling party terrorised, persecuted, tortured and killed members of their political party, including their family members, leading to seeking refuge in the country.
They also indicated that they were not aware of the procedure to be followed when applying for asylum and as a result were unaware of both the old and new regulations promulgated in terms of the Refugees Act.


Extract from Court Judgement High Court - Illegal Foreigner 2 Asylum- Osman - 8 Feb 2024
How new comer asylum will work in future

[91] Accordingly, the law may be restated as follows
91.1 It is an offence in terms of section 9(1) and 49(1) not to enter South Africa
at a port of entry and to stay in the country in contravention of theImmigration Act.
91.2 It is not unlawful to arrest and detain any person who has contravened the
Immigration Act regarding entry and stay in South Africa.
91.3 The arrest and detention of persons who have contravened the Immigration
Act does not violate the non-refoulment protection in section 2 of the
Refugees Act.
91.4 The mere expression of in intention to apply for asylum does not entitle any
person to be released from detention where such person is detained for
contravening the Immigration Act.
91.5 It is unlawful and therefore a violation of the non-refoulment principle to
deport persons who contravened the Immigration Act, if they express an intention to apply for asylum.
91.6 Persons detained for contravening the Immigration Act and who express a
desire to apply for asylum must first show good cause for their illegal entry
and stay in South Africa.
91.7 Upon the first appearance of a person arrested for contravening sections 9
and 49 of the Immigration Act, who expresses in intention to apply for asylum, the Magistrate in line with section 21(1B) and regulation 8(4) read with regulation 8(3).
91.8 At any stage of a person detentions and who evinces an intention to apply or asylum, the Department of Home Affairs must assist such a person by facilitating their interview to show good cause. 91.9 Any foreign national convicted and sentenced for transgressing sections 9 and 49 of the Immigration Act is liable to be deported in terms of section 34 unless he at that stage expresses an intention to apply for asylum. In that event such person must be assisted to attend an interview to show good cause.
91.10 Upon the successful showing of good cause, the detained person must be
assisted to apply for asylum and a temporary asylum transit visa must be
issued to such a person.
91.11 Upon the issuing of a temporary asylum transit visa such a person is entitled
to be released and must apply for asylum within the prescribed timeframes. V.5200

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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