SA Migration International

News Articles

Gauteng High Court Rules in Favor of Motsoaledi on Detention of Illegal Immigrants

Source: iol, 14/02/2024

The Gauteng High Court in Johannesburg has ruled in favor of Home Affairs Minister Dr. Aaron Motsoaledi in response to an application by a group of illegal immigrants. The immigrants claimed that their detention at the Modderbee Correctional Services Centre in Benoni was unlawful and violated immigration and refugee acts.

The court found no basis for the argument, stating that the expression of intention to apply for asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998 section 21(1b) requirement to show good cause for illegal entry and stay in the country.

The application was brought by Thomas Godiso, Abi Osman Yusuf, and four others on an urgent basis. They sought to interdict the minister and other respondents from detaining, prosecuting, and deporting them until their status is lawfully and finally determined under the Refugees Act 2 as amended.

The applicants also sought declarators that their continuing detention is unlawful and, in terms of section 2 of the Refugees Act, they are entitled to remain lawfully in the Republic of South Africa until their applications for refugee status are finally determined.

Additionally, the applicants sought orders directing the minister and director-general of Home Affairs to accept their applications for asylum, issue them with temporary asylum seeker permits within 15 days, pending finalization of their asylum seeker applications.

Judge Dunstan Mlambo dismissed the application, ordering the applicants to pay costs for the amendment application. He directed the respondents to afford the applicants an opportunity, within 60 days, to show good cause in terms of section 21(1b) of the Refugees Act 130 of 1998.

The applicants, some from Ethiopia and Somalia, claimed persecution in their home countries due to their political and religious beliefs. Arrested in 2023, they argued that seeking refuge in South Africa was a result of persecution by Ethiopia`s ruling party.

Search

Latest News

A South African woman is fighting for her rights to join her two lovers who are currently in the UK. Simone Carmen Johnson is part of a polyamorous relationship with two other people.On February 5, Johnson applied for an Unmarried Partner Visa and her application was declined on June 26, citing eligibility relationship requirements under UK immigration rules.... Read more...

Section 22(12) and (13) of the Refugees Act 130 of 1998 were presented by the Refugees Amendment Act 11 of 2017, which came into force on 1 January 2020 (J Cassette, E Roos and AB Karjieker ‘Automatic abandonment of asylum application: An analysis of the Scalabrini Centre of Cape Town v Minister of Home Affairs judgment’ (www.cliffedekkerhofmeyr.com, accessed 5-5-2024)). Section 22(12) and (13), Regulation 9 and Form 3 of the Refugees Regulations provide that asylum seekers who fail to (personally) renew their asylum visa within the period of 30 days on expiry of their asylum are considered to have abandoned their asylum application (Cassette et al (op cit)).... Read more...

Home Affairs Minister Leon Schreiber on an oversight visit to the Cape Town Refugee Reception Office in Epping. Cape Town - Asylum seekers and refugees in Cape Town have expressed their frustration at long waiting periods at offices, saying they were hopeful the new ministry would improve this. Home Affairs Minister Leon Schreiber visited the Cape Town Refugee Reception Office in Epping yesterday, where he got a first-hand look at the procedures that asylum seekers must follow.... Read more...

Work is underway to position the Department of Home Affairs (DHA) as a powerful engine for economic growth. Minister of Home Affairs, Dr Leon Schreiber, has emphasised the department’s crucial role in achieving rapid, inclusive, and sustainable economic growth, a priority set by the Government of National Unity. Presenting the DHA’s Budget Vote in Parliament on Monday, Schreiber highlighted the importance of accelerating the reforms introduced by President Cyril Ramaphosa through Operation Vulindlela. This government-driven initiative aims to speed up the implementation of structural reforms in key sectors to foster inclusive economic growth.... Read more...

Home Affairs Minister Leon Schreiber plans to boost inspections by 50%, deporting those employed illegally.Home affairs Minister Leon Schreiber says in the coming year, his department will intensify inspections at restaurants, spaza shops, farms and mines by over 50% and take action - including deportations - against people illegally employed. The initiative was started under his predecessor, Aaron Motsoaledi, who earlier this year called for harsher sanctions against business owners who knowingly employ undocumented foreigners.... Read more...

I’m not sure what exactly caused this enormous backlog at the Department of Home Affairs. Only one day in office and the new Minister for Home Affairs, Leon Schreiber, has made an impact. In his first official act he extended the temporary concession for foreign nationals who are currently awaiting the outcome of visa, waiver and appeal applications, until December 31, 2024. Finally, some relief for around 145 000 applicants, many married to South Africans, who have been living in limbo and in constant fear of being declared an ‘undesirable.’ I’m not sure what exactly caused this enormous backlog at the Department of Home Affairs. Clearly, something big went wrong. It is important to acknowledge that there are many extremely hardworking and kind Home Affairs officials.... Read more...

South Africa`s Home Affairs fails court order, leaving 700,000 IDs blocked amid fraud suspicions unresolved. The department of home affairs (DHA) has failed to implement a court ruling instructing it to release some of the identity documents (ID) that were blocked on suspicions of fraud. In January, a judgment was handed down by the high court stating home affairs blocking more than 700 000 IDs was unlawful as the department had not followed proper procedure. Lawyers for Human Rights (LHR), which represented more than 100 people, claimed none of its clients’ IDs had been unblocked in the stipulated 90 days.... Read more...

‘We started out with over 306 000 applications in this backlog, and I’m happy to report that we’ve cracked 100 000 now, we’ve cleared more than 30% of that,’ says Minister of Home Affairs, Leon Schreiber. JEREMY MAGGS: The new Home Affairs Minister, Leon Schreiber, has laid out his priorities saying his department is going to prioritise, among other things, dealing with the massive visa backlog, as well as stabilising the department’s online system. He joins me now and, Minister, first of all then can you provide more details on what specific measures are being taken to address this visa mess?... Read more...

Bangladesh is reeling under deadly clashes, with protesting students demanding that the Sheikh Hasina-led government scrap the controversial job-quota system More than 50 people have been killed in the clashes that broke out weeks ago. A total of 778 Indian students have returned to India from Bangladesh through various land transit points, the Ministry of External Affairs (MEA) said on Saturday as the neighbouring country continued to reel under deadly clashes over a controversial job-quota system. Indian missions in Bangladesh are in regular touch with the authorities concerned to ensure the safety and security of Indian nationals and students, the MEA said. `Thus far, 778 Indian students have returned to India through various land ports. In addition, around 200 students have returned home by regular flight services through Dhaka and Chittagong airports,` the ministry said.... Read more...

Mass Arrest and Deportation: SAPS Targets Illegal Activities in Limpopo. In a large-scale operation conducted by the South African Police Service (SAPS) in Limpopo province, 208 undocumented individuals were apprehended, and suspected stolen property was recovered.The operation, which targeted the Marble Hall and Groblersdall policing areas in the Sekhukhune District, began on the evening of Thursday, July 19, 2024, and continued until 11:00 the following day. The primary goal of this extensive operation was to address illegal activities in the Leeuwfontein area and surrounding farms. The results of the operation were significant, with the arrests breaking down as follows: -176 Zimbabwean nationals -28 Mozambican nationals -4 Indian nationals... Read more...