News Articles

Scalabrini’s ‘abandonment’ court case challenges constitutionality of South African refugee laws

Source: SA Migration, 02/04/2021

Scalabrini Centre in Court seeking an interdict against the Department of Home Affairs, in first step to challenging the constitutionality of the Refugee Amendment Act’s ‘deemed abandonment’ provisions.
On 28 October 2020, the Scalabrini Centre of Cape Town, represented by Norton Rose Fulbright South Africa Inc, is in the Western Cape High Court, seeking to interdict the Department of Home Affairs from implementing or operating specific provisions related to the deemed abandonment of asylum applications, which provisions were implemented with the coming into effect of the Refugees Amendment Act and Regulations from 1 January 2020.
Scalabrini Centre, in its own right as well as in the public interest, has brought a constitutional challenge against certain provisions in the Refugees Amendment Act and Refugees Regulations, which came into effect on 1 January 2020. The specific provisions being challenged are those relating to the ‘deemed abandonment’ of asylum applications simply because the asylum applicant is a month or more late in renewing their asylum document. In this challenge, Scalabrini Centre has first sought an interdict against the Department of Home Affairs, stopping the Department from implementing or applying the specific provisions. This interdict is to ensure that anyone who may have, or might still, fall foul of those provisions is protected against refoulement pending the final hearing of the main matter ` the constitutional challenge of the impugned provisions.
Today, 28 October 2020, Scalabrini Centre is in court to argue why the interdict is necessary pending the finalisation of the main matter. The Department of Home Affairs has opposed the interdictory relief being sought by Scalabrini Centre. It has also opposed the constitutional challenge.
For more on the main challenge, see below.
www.samigration.com


Search

  •    Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.... Read more...
  •    Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.... Read more...
  •    In a move to prevent the introduction of SARS-CoV2-variants, the German Government on 30th January 2021 has imposed a general ban on travel and entry from countries with widespread occurrence of such virus variants (referred to as areas of variant of concern). These include South Africa, Eswatini and Lesotho.... Read more...
  •    A critical skills survey conducted by Xpatweb highlights the most in-demand ‘scarce’ skills in the country, which has led to businesses seeking talent recruitment from abroad.... Read more...
  •    Foreign diplomats are allegedly selling illicit liquor, cheating SARS of taxes totalling more than R100 million every month. Investigations by tax authorities have singled out diplomats from Ghana, Rwanda, Guinea, Burundi and Lesotho for being involved in tax crimes involving the sale of duty free liquor.... Read more...
  •    Partner visa language test will only affect people who apply after the changes are introduced mid-next year. The Department of Home Affairs says adding an English language requirement for partner visa applicants would protect people in family violence situations.... Read more...
  •    In a landmark move the US Centre for Disease Control and Prevention (CDC) has updated its advisory policy, opening up travel for US citizens that have been fully vaccinated.... Read more...
  •    • The US has added further exemptions for foreign travellers looking to enter that country amid its ongoing travel ban. • Under the National Interest Exceptions protocol, certain visa holders and exchange visitors may travel to the US. • This applies to specialised teachers and au pairs in South Africa. • It also includes immigrant and fiancé(e) K-1 visas, which require a US citizen sponsor.... Read more...
  •    Overstaying one’s visa is a common occurrence among people who applied to extend their visa in South Africa and said visa not issued in time for travel . In recent months overstaying one visa has moved from being a minor inconvenience to a possible criminal offence with potentially serious ramifications. The changes brought about by the new immigration laws have made overstaying ones visa a very serious affair which needs a careful and smart approach to remedy.... Read more...
  •    The Immigration Act and the Department of Home Affairs abhors fraudulent documents. Section 29(1)(f) provides ; The following foreigners are prohibited person and do not qualify for a port of entry visa, admission into the republic , visa or a permanent residence permit … anyone found in possession of a fraudulent visa, passport , permanent residence permit or identification document.... Read more...

Get the latest Immigration News