Asylum seekers must apply for visas outside SA
The SCA has ruled that asylum seekers may no longer apply for any type of visa while they are in SA and must do so before entering. A Cape Times report notes the judgment comes after Home Affairs Minister and department DG appealed a previous High Court ruling that asylum seekers were entitled to apply for visitors and work visas while in the country.
Home Affairs spokesperson David Hlabane said: ‘We are very pleased with the judgment as the department was of the considered view that the Western Cape High Court erred in its judgment, and the SCA has concurred with the department in this regard.’ He added: ‘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.’ However, Tashriq Ahmed, human rights attorney for the asylum seekers, said he and his clients would appeal the judgment.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
