Visa changes keep immigrants offside

Source: Cape Times, 28/09/2017

ASYLUM seekers may no longer apply for any type of visa while they are
in South Africa. They must do so before entering.
So the Supreme Court of Appeal found earlier this week.
The judgment comes after Home Affairs Minister Hlengiwe Buhle Mkhize
and department director-general Mkuseli Apleni appealed a previous
high court ruling that asylum seekers were entitled to apply for
visitors and work visas while in the country.
The matter was brought to the Western Cape High Court in 2003 by the
Legal Resources Centre on behalf of 13 asylum seekers.
It was settled, and an order, which came to be known as the “Dabone
Order”, was agreed on between the parties.
Following the Dabone Order, the director-general soon issued a
directive that asylum seekers in possession of a permit could apply
for one of the temporary residence permits, as well as permanent
residency.
However, on February 3, 2016, the Department of Home Affairs issued a
new directive stating that that would not longer be the case.
This lead to the denial of visa applications made by Arifa Musaddik
Fahme, Kuzikesa Jules Valery Swinda and Jabbar Ahmed.
Fahme, Swinda and Ahmed became the respondents against the department
in the Supreme Court of Appeal matter this week.
Home Affaires spokesperson David Hlabane said: “We are very pleased
with the
We knew the matter would end up at the Constitutional Court
judgment as the department was of the considered view that the Western
Cape Division of the High Court erred in its judgment, and the Supreme
Court of Appeal has concurred with the department in this regard.”
“The respondents did not comply with the general rule laid down by
section 10 (2) of the Immigration Act read with regulation 9 (2) of
the immigration regulations that applications for visas must be made
abroad.”
Hlabane said the department would oppose an appeal on this judgment as
it “fully agreed” with the Supreme Court of Appeal on the matter.
Tashriq Ahmed, human rights attorney for the asylum seekers, said he
and his clients would appeal the judgment.
Ahmed said: “We are definitely going to appeal. We are aggrieved but
we always knew this matter would ultimately end up at the
Constitutional Court because it is a constitutional matter.”
He said for the past 13 to 15 years they were allowed to apply for
visas and then things suddenly changed, hence they felt this ruling
was “not fair”.