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Refugee decisions unlawful

Source: Cape Times, 23/09/2016


SEVERAL decisions taken by the Department of Home Affairs related to
refugees seeking permanent residence have been ruled unconstitutional
in the Western Cape High Court.


Earlier this year the department`s director-general, Mkuseli Apleni,
signed a directive that withdrew instructions allowing asylum seekers
and refugees to apply for permanent residence without giving up their
asylum or refugee status.


It also meant that asylum seekers and refugees without a valid
passport could not apply for temporary residence.


Three unsuccessful asylum seekers – Arifa Fahme from India, Kuzikesa
Swinda from the DRC and Jabbar Ahmed from Pakistan – took Home Affairs
Minister Malusi Gigaba and Apleni to court over the directive.


They argued the directive is unconstitutional.


Apleni and Gigaba`s team argued that asylum seekers and refugees are
regulated by provisions of the Refugees Act and asylum seekers are not
at liberty to apply for any form of visa in terms of the Immigration
Act.


Judge AJ Sher said the case happened at the time when many countries
were having to deal with waves of foreigners seeking asylum, and ruled
in favour of Fahme, Swinda and Ahmed, and to consider giving them
their documents within 15 days.


"Over the course of the last year, thousands of displaced people have
fled countries in turmoil or in a state of war, such as Syria and
Libya, and travelling by boat or on foot have sought refuge in member
states of the EU.


"It is common knowledge that South Africa too has faced an increase in
asylum seekers as well as illegal migrants from a number of countries
north of our border," Judge Sher said.


Home Affairs spokesperson Mayihlome Tshwete said they are studying the
judgment before deciding on a way forward.


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