SA Migration International

News Articles

Frail US dad in fight to stay in SA with family

Source: onlinenewsplanet, 26/08/2016

Cape Town - A family is living in fear of being torn apart after Home
Affairs denied a frail father the right to stay in South Africa with
his wife and children.

Mike Rubesch, 59, is living in the shadow of a mistake he made in
another country, 30 years ago.

He was caught drunken driving in his home country of the US when he
was 29. He paid an admission of guilt fine, and had never committed
another offence in his life.

Now, decades later and a continent apart, he is married to a South
African woman and has three children here. They live in Hermanus.

Mike has progressive dementia, and is severely medically challenged.

His family rely on his disability grant from the US
government.

Home Affairs has denied him permission to live in South Africa with
his family, on the basis he once committed a crime.

Mike and his wife, Jean, have sought the help of immigration attorney
Craig Smith, who is planning to file court papers against the Home
Affairs director-general.

Smith said according to the Immigration Act, driving under the
influence was not a serious enough offence to disqualify Rubesch from
living in South Africa.

He said Rubesch`s case was one of a number he and his colleagues were
dealing with that seemed to feature "arbitrary refusals" of residence
from Home Affairs.

Spokesman for the Department of Home Affairs, Mayihlome Tshwete, said
he had been in contact with the Rubesches, and the department would do
what it could to resolve their situation.

"I`ve spoken to the client and there are a number of irregularities in
the way the lawyer handled it," Tshwete said. "I`ve advised the client
to send me all the info and we will try and resolve the matter."

Jean is determined to fight the refusal: "It`s got to stop, and not
just for us - for everyone who`s been victimised by the system.

"They have no idea the trauma they`ve caused. At one point, I had to
write a letter inviting my own husband to stay with me."

Search

Latest News

... Read more...
... Read more...
... Read more...
... Read more...

If you are visiting SA or already here on a visa, take this as a public-interest warning. In 2025, a quiet, but sharp, shift has taken hold inside parts of home affairs adjudication ranks: applications are being refused almost mechanically if they were not submitted at least 60 days before visa expiry.A wave of refusals repeating near-identical wording:The applicant did not submit his/her application no less than 60 days prior to the expiry date of his/her.

The rigid application of this rule, devoid of consideration for mitigating circumstances, raises serious concerns about the fairness and legality of such administrative decisions.

... Read more...

... Read more...
... Read more...
... Read more...
... Read more...
... Read more...