News Articles

SA boy may be deported from Oz

Source: Times Live, 20/09/2016


A six-year-old South Africa-born boy may face being deported from
Australia if local authorities don't renew his passport.


The child's father, a Durban electrician, and his former partner, the
boy's mother, have taken the Minister of Home Affairs and its
director-general to the Durban High Court to remove a block on the
issuing of a passport for the boy and to process a renewal application
for him.


In the father's affidavit, lodged in July, he said after he and his
partner split up, he found she was taking his son to Australia. He
approached the Children's Court in Durban in March 2010 to stop her
leaving with the child by asking the Department of Home Affairs to
block the child's exit.


He was granted the order, but it was not implemented immediately.


"There was a delay in the Children's Court informing Home Affairs to
put a hold. Home Affairs were informed only in August 2010, when my
son had already left with his mother," said the father.


He said he was initially very angry with his former partner for
leaving with their son, but they came to an understanding that it was
in the child's best interest for him to remain in Australia with his
mother.


"I instructed the offices of the Family Advocate to withdraw the
application in May 2011. It informed Australian authorities."


He did not deal with the stop on the Home Affairs system and the
child's passport expired in February last year.


He said his child's mother had been liaising with a Home Affairs
employee in Pretoria, who advised that only a court order would
suffice to have the block lifted.


"This stop was requested at my request. My child's mom and I are now
in agreement that it is in the child's best interest that the stop be
removed," he said.


He said because his son's passport had expired, he could not obtain a
new visa and faces the possibility of losing his place in school, his
medical care and being deported from Australia.


The boy is able to stay as the family have obtained a bridging visa,
but they are uncertain if this can be repeatedly extended.


"It is important that my son remain in Australia. Not only has he
settled in a stable family environment, surrounded by grandparents,
aunts, uncles, cousins and siblings, he has been enjoying his time at
school."


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