Learn about recent court decisions and rulings that impact the Immigration Act of 2002, plus new regulations that will affect Asylum and Refugee Permit Holders.
Nandutu : Court Case Summary and Directive
Change of condition from a Visitor Visa (Section 11(1) to a Spousal Visa in terms of section 11(6) inside South Africa, is now permitted following the court case Nandutu vs. The Minister of Home Affairs. For the full judgement see http://www.saflii.org/za/cases/ZAWCHC/2018/47.pdf . The section of the Immigration Act of 2002 governing the changes to visas inside the country, has been declared unconstitutional.
Asylum and Refugee Permit Holders changing to Temporary Residence Visas inside South Africa, without a passport:
Following a Constitutional Court decision in Ahmed vs. The Minister of Home Affairs, Asylum and Refugee Permit Holders may change to a Temporary Residence Visa inside South Africa, without a passport. Persons wanting to follow this route will first be required to submit a waiver request to the Minister, which they are entitled to do in terms of this ruling, and they will then be able to apply for any Temporary Residence Visa for which they qualify.
New Regulations affecting Asylum Seekers and Refugees:
These new regulations are effective from 1 January 2020 and have some controversial elements which may only be resolved in court. The main issues which have elicited a public outcry from the Scalabrini Centre and Lawyers for Human Rights, include the possible limitation on the type of studies which may be undertaken, the sector in which they may accept work, and the involvement of permit holders in political activity while they are in South Africa. The broad opinion is that these and other points are sufficiently problematic for the representative groups to take the matter to court for resolution.
Watch this space.