CONSTITUTIONAL COURT RULES ON THE SITUATION REGARDING ASYLUM SEEKER TEMPORARY VISA HOLDERS

Source: SA Migration, 15/10/2018

BREAKING NEWS!!!

CONSTITUTIONAL COURT RULES ON THE SITUATION REGARDING ASYLUM SEEKER
TEMPORARY VISA HOLDERS AND REFUGEES IN TERMS OF CHANGE OF STATUS

On Tuesday 9th October 2018 the Apex Court of South Africa - the
highest Court in the land - the Constitutional Court ruled on the
situation surrounding the ability of Asylum Seeker Temporary Visa
holders and Refugee Permit holders being enabled to change their
status to mainstream visas in the Temporary or Permanent Residence
categories under The Immigration Act.
Some years back the Department of Home Affairs, through the Director
General, issued a Departmental Directive referred to as the “Debone
Directive” in terms of which it became possible for an Asylum Seeker
holding an Asylum Seeker Temporary Visa, as well as an Asylum Seeker
who had been confirmed as a Refugee, to apply for an appropriate visa
under The Immigration Act.
This did mean that the applicant had to qualify in the specific
category of Temporary or Permanent Residence they were applying in, in
order to achieve this, and all of this without them having to
relinquish their Asylum Seeker or Refugee Status in that process.
A subsequent ruling by the Director General of Home Affairs saw the
Debone Directive being withdrawn, thereby closing the door on this
process. A series of Court Applications in the High Court in the
Western Cape culminating in an Appeal to the Supreme Court of Appeals,
then followed. During that process there was a see-saw of change.
Firstly, in an Appeal against the original successful Court
Application in the Western Cape High Court, the Appeal was upheld,
thereby maintaining the status quo.
The Director General and Minister of Home Affairs then Appealed that
ruling to the Supreme Court of Appeals, who then confirmed the court a
quo, i.e. the Western Cape High Court’s decision, to uphold the Debone
Directive.
There is only one more level of Appeal in South African Law and that
is to approach the Constitutional Court on matters that relate to or
have Constitutional implications and to Appeal to that Apex Court.
The current Judgement is therefore the end of the road on this topic.

WHAT DOES THIS MEAN FOR YOU IF YOU ARE THE HOLDER OF A CURRENT ASYLUM
SEEKER TEMPORARY VISA OR REFUGEE PERMIT AND WISH TO AVAIL YOURSELF OF
THIS “NEW” DISPENSATION?

What this does mean for you, is that if you indeed qualify in a
specific category of Temporary or Permanent Residence that you wish to
apply in, that you can in fact now do so. There may be a small time
lag between the implementation of the Court Order and the current
time, but the Constitutional Court has spoken on topic and this opens
the door.

Therefore, if you hold an Asylum Seeker Temporary Visa that is current
or a Refugee Permit that is current i.e. has been renewed timeously on
an on-going basis, then we would suggest that you contact our office
urgently so that we can evaluate the viability of you being able to
change status at this stage without prejudicing your current status.
Please respond to :
How can we help you , please email us to info@sami.co.za or whatsapp
me on +2782 373 8415, where are you now? check our website :
www.samigration.com

Alternatively , please contact us on :
Sa Migration International
Tel No office : +27 (0) 82 373 8415 â€` Whatsapp no as well
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Fax No : 086 579 0155

Should you have any further queries please do not hesitate to contact
our office.
AS ALWAYS, WE ENDEAVOR TO KEEP YOU UP TO DATE ON ALL IMMIGRATION
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SA Migration Team