Legal Articles and Guides
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It has been more than two years since the SCA ordered the Department of Home Affairs to reopen the Port Elizabeth refugee reception office. But this has not happened, a report in The Times says. In 2011 the department closed its refugee reception offices in Cape Town, Port Elizabeth and Johannesburg. This resulted in three cases challenging the closure.
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.
Human rights lawyers claimed victory following the Constitutional Court’s ground-breaking judgment ordering that all ‘illegal foreign’ nationals in detention at the time it handed down yesterday’s order against government be brought before a court within 48 hours, notes a Cape Times report. Previously the court was mandated to review a detention in instances where individuals were held for more than 30 days.
A Zimbabwean man who was allegedly illegally arrested and detained by rogue police officers is suing the SAPS for R1m, says a report in The Star. Nathan Meda said Gauteng Police Commissioner Lieutenant-General Deliwe de Lange had failed to act on his 250-page dossier detailing the abuse and harassment he and his wife, Sherylie Tsungayi Ngorima, suffered at the hands of rogue policemen from the Elsburg police station in Germiston.
Three foreigners – from India, Pakistan and the DRC – with the aid of immigration attorney Tashriq Ahmed have succeeded in winning a landmark Western Cape High Court ruling setting aside as invalid and unconstitutional the Department of Home Affairs’ controversial Directive 21. The directive, which Home Affairs DG Mkuseli Apleni signed in February, bars refugee and asylum seekers from the right to apply for a visa in terms of the Immigration Act, notes a Weekend Argus report.
Home Affairs has agreed at the eleventh hour to grant citizenship to a stateless child born in SA, opening the way for others in the same predicament, Lawyers for Human Rights (LHR) said yesterday, according to a News24 report. Following a two-year wait, the SCA was supposed to have heard the matter yesterday.