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State ordered to fix visa law flaw

By Juta and Company (Pty) Ltd Published on Monday, 01 July 2019
Tags: #Civil Rights #Immigration Law #Litigation
The state has been given 24 months to fix laws that require foreign spouses of locals to travel to their home countries to renew visas. The Cape Times reports in a majority judgment, the Constitutional Court ruled that the requirement by Home Affairs was constitutionally invalid.

Landmark order eases way for refugee families

By Juta and Company (Pty) Ltd Published on Friday, 21 June 2019
Tags: #Civil Rights #Immigration Law #Litigation
A landmark court order has eliminated administrative barriers for asylum-seeking and refugee families whose dependents may now apply to be documented either through family-joining or on their own terms, says a Cape Times report.

Refugee Centre wants Home Affairs to be held in contempt

By Juta and Company (Pty) Ltd Published on Friday, 21 June 2019
Tags: #Immigration Law #Litigation
The Scalabrini Centre is going back to court to demand that an official be appointed to oversee the reopening of the Cape Town Refugee Reception Office, says a Cape Argus report.

Justice Minister may face extradition conundrum

By Juta and Company (Pty) Ltd Published on Tuesday, 09 April 2019
Tags: #Immigration Law #Litigation
Although the Kempton Park Magistrate's Court has ruled that former Mozambican Finance Minister Manuel Chang can be extradited to the US, where he is wanted on charges related to a $2bn debt scandal, the ruling effectively constitutes only a recommendation to Justice Minister Michael Masutha, who has the final say.

‘Unconscionable’ Home Affairs lashed in SCA judgment

By Juta and Company (Pty) Ltd Published on Monday, 01 April 2019
Tags: #Civil Rights #Immigration Law #Litigation
Eight years of damning judgments about its treatment of immigrants have failed to make the Home Affairs Department mend its ways, the acting President of the SCA said on Friday in dismissing the department's latest attempt to defend its shortcomings.

Gigaba wrong to grant Guptas naturalisation

By Juta and Company (Pty) Ltd Published on Tuesday, 19 March 2019
Tags: #Administrative Law #Immigration Law
Malusi Gigaba, former Home Affairs Minister, was 'incorrect' in granting members of the Gupta family early naturalisation, MPs have decided. The National Assembly's Home Affairs Committee did not recommend sanctions against Gigaba but recommended that criminal charges be laid against Gupta lieutenant Ashu Chawla and members of the Gupta family 'relating to false information submitted in their early naturalisation applications', reports News24.

LHR to appeal ‘shocking’ asylum seekers ruling

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Immigration Law #Litigation
Lawyers for Human Rights (LHR) has described the decision by the Gauteng High Court (Pretoria) to dismiss an application by eight Somali asylum seekers to review their rejected applications as shocking. The LHR’s Wayne Ncube said the organisation intended to appeal the decision.

ConCourt ruling shows Home Affairs the way

By Juta and Company (Pty) Ltd Published on Wednesday, 23 January 2019
Tags: #Constitutional Law #Immigration Law #Litigation
It is hoped that the compassionate approach to immigration – in the unanimous judgment by Constitutional Court Justice Edwin Cameron in Ruta v Minister of Home Affairs – will be adopted by the department, notes legal journalist Ohene Yaw Ampofo-Anti in an examination of the judgment on the GroundUp site.

Home Affairs facing class action over birth certificates

By Juta and Company (Pty) Ltd Published on Monday, 14 January 2019
Tags: #Civil Rights #Immigration Law #Litigation
Haunted by the knowledge that their children’s futures are slipping away as a result of Home Affairs officials’ refusal to issue them with birth certificates – a group of SA parents has filed a class action against the department. A Daily Dispatch report says the main aim of the legal action – led by lead counsel Lilla Crouse SC – is to stop officials from demanding DNA tests that cost thousands of rands before children are issued with a birth certificate.

ConCourt mulls Refugees Act provisions

By Juta and Company (Pty) Ltd Published on Friday, 02 November 2018
Tags: #Immigration Law
The Constitutional Court’s interpretation of the Refugees Act has serious implications for all asylum seekers who do not present themselves at refugee reception offices on entering SA, according to Lawyers for Human Rights (LHR). Business Day says LHR attorneys argued in the Constitutional Court yesterday that a Rwandan asylum seeker – who was allegedly sent to SA to eliminate exiled opponents of the country’s President – should have his asylum application considered.

Home Affairs faces suit over child's rejected visa

By Juta and Company (Pty) Ltd Published on Friday, 02 November 2018
Tags: #Civil Rights #Constitutional Law #Immigration Law #Litigation
Home Affairs is facing a legal challenge by the Legal Resource Centre for declaring a visa application by a Zimbabwean child fraudulent and banning him for five years from returning to SA. As a result, Wadzanai Bello has been separated from her 16-year-old son, Tinashe Bello, since March, reports GroundUp. He has missed a year of schooling.

ConCourt asked to hear spousal visa case

By Juta and Company (Pty) Ltd Published on Tuesday, 23 October 2018
Tags: #Immigration Law #Litigation
Should foreigners who marry in SA before the expiry of their three-month visitor visas be allowed to regularise their stay? In papers filed at the Constitutional Court, Home Affairs bluntly says ‘no’ and maintains that allowing this would lead to an abuse of immigration laws on a ‘drastic scale’, The Star reports.

ConCourt victory for rejected asylum seekers

By Juta and Company (Pty) Ltd Published on Wednesday, 10 October 2018
Tags: #Constitutional Law #Immigration Law #Litigation
Asylum seekers in SA yesterday secured a major legal victory after the Constitutional Court ruled that they were eligible to apply for visas or a temporary residence permit, even if their application for asylum was rejected. The Star reports the court was handing down a judgment on an appeal against the decision of the SCA relating to applicants who had been refused visas or permits under the Immigration Act.

Serb alleged hitman faces extradition after ConCourt ruling

By Juta and Company (Pty) Ltd Published on Monday, 01 October 2018
Tags: #Civil Rights #Criminal Law #Immigration Law #Litigation
Suspected Serbian hitman Dobrosav Gavric looks set to face extradition to his home country after the Constitutional Court ruled that he was not a candidate for refugee status. A Saturday Star report notes Gavric has spent the past seven years in prison after his true identity was discovered following the murder of suspected Cape Town underworld figure Cyril Beeka.

Gigaba to answer MPs on Gupta citizenship saga

By Juta and Company (Pty) Ltd Published on Wednesday, 05 September 2018
Tags: #Immigration Law
The National Assembly’s Home Affairs Committee will begin quizzing key role-players in the Gupta naturalisation saga next week. Individuals called to testify include Home Affairs Minister Malusi Gigaba, and the department’s former DG, Mkuseli Apleni, who recently resigned to take up a post in the private sector, says a BusinessLIVE report.

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