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Court grants asylum transit visas to Afghan refugees

Source: Timeslive, 03/03/2023

Department of home affairs says it will abide by the Pretoria high court’s ruling after initially refusing the people entry

The department of home affairs said it will abide by a Pretoria high court order granting 22 Afghans fleeing the Taliban access to SA on asylum transit visas.
“The DHA [department of home affairs] will abide by the ruling of the court and take all necessary steps to give effect to the ruling,” said spokesperson Siya Qoza. “The decision to abide shows the DHA respects the rule of law.
“However, this should not be interpreted as opening floodgates for spurious asylum claims. “The DHA will not hesitate to fight the cases in court, as it has done in this instance.”

The department initially refused the Afghans entry despite a court order that the government should grant them permission to seek asylum. It was issued after Lifeline Foundation, a US-based NGO, argued the people might be victimised by the Taliban.
The department, which said it was notified of the pending court proceedings after the fact, challenged the order.
Qoza said the department received a letter from attorneys representing the people on February 15, demanding they be issued transit visas.
“While DHA was preparing a response to the letter, on February 16, a group of 22 Afghanistan nationals in the company of American citizens arrived at the Beitbridge port of entry and requested to be issued with asylum transit visas in order for them to enter the Republic of South Africa to apply for asylum,” he said.
“The immigration officer refused to do so as they were all issued with multiple-entry tourist visas by the government of the Republic of Zimbabwe on January 20,” he said.
The lawyers representing the Afghans approached the court on an urgent basis (in the absence of the DHA), which granted the interim order allowing them to be issued with asylum transit visas, Qoza said.
“The court, however, allowed the DHA to anticipate the interim order within 24 hours. The DHA did exactly that and the court refused to confirm the interim order to allow the DHA to file answering papers. The matter was heard by the court on February 20 2023. Judgment was reserved,” Qoza added.
Home affairs minister Aaron Motsoaledi said his office did not think this was a case of asylum seekers or refugees, but a move by the US NGO to undermine SA’s sovereignty.
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