20-04-2024 01:00:29 (GMT +02:00) Pretoria / Cape Town, South Africa

Asylum seekers, Newcomers be aware
20. Feb. 2024 The Star

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

More related News

 
Exploring the connection between the South African immigration system and job creation
19. Apr. 2024 Polity
  The System is Down Home Affairs logs 140,859 hours of Smart ID downtime in four years
19. Apr. 2024 MY BROAD BAND

In recent years, South Africa has seen a significant influx of immigrants from various African countries, as well as other parts of the world. This has raised important questions about the country`s immigration policies and their impact on job creation for both locals and immigrants. The South African immigration system, like many other countries, is a complex and ever-evolving process that aims to balance the country`s economic needs with its social and cultural interests. Let`s take a closer look at how this system intersects with job creation in South Africa. The South African government implemented the Immigration Act of 2002, which outlines the country`s immigration policies and procedures. Under this act, foreigners are required to obtain a visa or permit to enter, work, or study in South Africa. The type of visa or permit required depends on the intended purpose of the individual`s visit and their country of origin. V.5312
Click here for full article


 

Due to system downtime and load-shedding, the Department of Home Affairs (DHA) lost nearly 141,000 hours of Smart ID application and production time between the 2019/20 and 2022/23 financial years. Minister Aaron Motsoaledi revealed this figure in a recent response to questions raised in Parliament by Democratic Alliance MP Adrian Roos. Motsoaledi provided a breakdown of smart ID production and application hours lost to technical difficulties and load-shedding per province for each financial year from 2019/2020. These disruptions hit home Affairs offices in the Eastern Cape the hardest, with over 34,000 hours to rotational power cuts and system downtime. Mpumalanga offices lost the next-highest number of hours at 17 V.5313
Click here for full article


Motsoaledi outlines changes to ‘colonial era legislation’ on citizenship and immigration
18. Apr. 2024 The Citizen
  Crisis at home affairs is tearing families apart
18. Apr. 2024 Business Day

Home Affairs Minister Dr Aaron Motsoaledi has said the public has shown great support for the final White Paper on citizenship, immigration and refugee protection which appeared in the Government Gazette on Wednesday. Briefing the media, he addressed what he saw as a long-overdue need to replace an outdated Citizenship Act, as well as enact proposed changes to existing legislation. V.5306
Click here for full article


 

Minister Aaron Motsoaledi’s indifference to the plight of those affected by his decisions is appalling In the tumultuous seas of immigration law, where uncertainty looms and families are left adrift in bureaucratic limbo, the department of home affairs has emerged as a sinking ship. As a director of a firm of immigration attorneys I’ve witnessed first-hand the dire consequences of the department’s negligence and incompetence. Today, I raise my voice not just as an attorney but as a concerned citizen, urging for a radical overhaul to salvage what remains of our immigration system. We have tirelessly fought battles in the courtroom against home affairs’ disregard for agreed-upon time frames. Countless cases have landed on our desks, each one a testament to the systemic failures plaguing the department. We’ve seen cases where contempt applications were the only recourse, as the department brazenly ignored court orders. V.5307
Click here for full article


Cabinet approves plan to overhaul immigration laws
18. Apr. 2024 Business Live
  DHA lost 77 years` worth of working hours in 5 years - Adrian Roos
18. Apr. 2024 Politics Web

Document proposes overhauling the Citizenship Act, the Refugees Act and the Immigration Act and a review of the international treaty on refugee protection Home affairs minister Aaron Motsoaledi says the cabinet has approved a white paper overhauling the country’s immigration laws after “robust engagements” that resulted in “wide support” of the document’s policy positions. V.5308
Click here for full article


 

The DA has been inundated with complaints that the Department of Home Affairs (DHA) systems are offline, resulting in long queues and delayed processing of documents. Through questions posed to the Minister, the DA can now reveal that the DHA has lost over 77 years’ worth of working hours due to system downtime and load-shedding from 2019 to date. Concerningly, this data only relates to hours lost for the application of smart IDs, meaning decades more of working hours could have been additionally lost in other spheres such as passport or visa applications. The lost hours are largely due to system downtime, surpassing load-shedding. In the 2022/2023 financial year, where we experienced extensive load-shedding, system downtime was the cause of 41 691 hours lost (17 years), whereas load-shedding caused around 9 322 hours lost (4 years) at DHA civic offices on the production of smart IDs. V.5309
Click here for full article


Amendments still needed before White Paper on immigration, citizenship becomes law - Motsoaledi
18. Apr. 2024 EWN (EYEWITNESS NEWS )
  Critical skills flooding out of South Africa
18. Apr. 2024 Daily Investor

JOHANNESBURG - Minister of Home Affairs Aaron Motsoaledi said that while the White Paper on Citizenship, Immigration and Refugee Protection had been gazetted, there were amendments that needed to be made to the legislation before it could be passed into law. The White Paper is proposing an overhaul of the country`s migration laws, with the aim of tightening rules around allowing migrants into the country. V.5310
Click here for full article


 

Highly skilled professionals are leaving South Africa to move to other countries, while the local economy faces a skills shortage. Data from The Outlier revealed that there were just over 900,000 South Africans living abroad in 2020. This number has increased steadily over the past 20 years, from 500,000 in 2000, according to Stats SA’s Migration Profile Report for South Africa 2023. Of these 900,000 people, 7 out of 10 are living in either Europe or Oceania. In particular, Australia and New Zealand have seen a large growth in South African residents. In 2020, around 273,000 South Africans were living in those two countries, more than double the 106,000 who lived there in 2000. The UK remains still the top destination for South Africans who leave the country. V.5311
Click here for full article


Home Affairs clarifies DELAY in awarding spousal visas
17. Apr. 2024 BusinessTech
  Nearly 4,000 people blocked from entering SA illegally over Easter
16. Apr. 2024 Times Lives

The Department of Home Affairs is going through a torrid time. As The South African reported earlier this year, naturalised South Africans are being refused smart ID cards. This is despite having the same constitutional rights as every other South African citizen. Now, Home Affairs minister Aaron Motsoaledi has decided to clarify the reasons behind lengthy delays for spousal visas.Business Tech reports that some spousal (and relatives) visas are taking up to two years to process. The minister of Home Affairs says this is because documentation and claims need to be verified. Replying to a parliamentary Q&A session, the minister says the issue is being addressed by the Home Affairs ‘Backlog Eradication Plan’. V.5305
Click here for full article


 

Border Management Authority SA commissioner Mike Masiapato on Sunday revealed that over a 10-day period during Easter nearly 4,000 people were intercepted attempting to enter the country illegally.Addressing a media briefing, Masiapato said 2,403 of those intercepted did not have any documents at all. Another 1,019 individuals were refused entry for being undesirable and 419 were found inadmissible to enter the country due to various reasons.“The majority of those arrested without documents were intercepted at the vulnerable segments of the borderline. They were processed, declared undesirable for five years, and were deported. Most of the inadmissible individuals were found with invalid passports, fraudulent visas or just failed to produce relevant documents such as valid yellow fever certificates, especially those travelling from yellow fever endemic countries,” Masiapato said. V.5303
Click here for full article



Search
South Africa Immigration Company