May 7, 2015
OUTH AFRICA: 1 JUNE 2015: Effective Date For New Immigration Regulations For Child Travellers
SOUTH AFRICA: 1 JUNE 2015: Effective Date For New Immigration Regulations For Child Travellers
Despite strong attempts by multiple pressure groups to renegotiate the requirements of the controversial new immigration regulations for children travelling to and from South Africa, the deadline for implementation has nearly been reached.
The South African Department of Home Affairs has published a brochure that summarises the new regulations. To view, go to http://www.dha.gov.za/files/
As a reminder, as from 1 June 2015, South African AND foreign parents travelling with children (under the age of 18) to and from South Africa will have to provide each child's unabridged (full) birth certificate.
Where only one parent is accompanying the child, consent needs to be given in the form of an affidavit from the other parent registered on the birth certificate authorising him or her to enter into or depart from South Africa with the child he or she is travelling with, and where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate.
When children are travelling with guardians, these adults are required to produce affidavits from the registered parents, proving permission for the children to travel or a court order granting full parental responsibilities and rights or legal guardianship in respect of the child.
AIRLINES WILL BE FORCED to refuse travel to families not in possession of these documents.
October 1, 2014
Legal challenge against the unlawful closure of immigrants' businesses
The Lawyers of Human Rights (LHR) appeared in court last month to challenge the unlawful closure of asylum seekers and refugees' businesses by the ministers of police, home affairs and labour. The challenge seeks to protect the right to work and trade as refugees and asylum seekers in South Africa, as stated in the refugee law.
The police launched an operation last year named "Operation Hardstick", shutting down businesses in Limpopo which were operating without the required business permits. As such, more than 600 businesses were closed down and foreign employers and employees were also arrested.
Somali Association of South Africa, the Ethiopian Community of South Africa and others were rejected by the North Gauteng High Court last year in their application seeking to bar the closure of their businesses.
The police launched an operation last year named "Operation Hardstick", shutting down businesses in Limpopo which were operating without the required business permits. As such, more than 600 businesses were closed down and foreign employers and employees were also arrested.
Somali Association of South Africa, the Ethiopian Community of South Africa and others were rejected by the North Gauteng High Court last year in their application seeking to bar the closure of their businesses.
The LHR, which represented the foreigners, gathered sufficient observations which found the police actions discriminatory. The closure of the businesses came after the rejection by the authorities to allow asylum seekers and refugees to set up businesses due to their status. Moreover, the Operation only targeted the foreigners, while South African businesses which did not possess the required permits were not affected. The Operation thus indicated unfair treatment towards the refugees which contradicts Section 22 of the South African Refugee Act.
Thus the LHR appealed this year against the dismissal of the case, as many asylum seekers and refugees are still suffering from the Operation. The closure of businesses has caused many foreigners to fall into financial duress as they have no means to support themselves financially.
It is hoped that a fair ruling that is aligned with the protection of the rights of asylum seekers and refugees could be made.
September 30, 2014
Procedure for application of Zimbabwe Special Permit
ZSP will be open to all those who applied for ZDP permits, meaning even those whose applications were rejected in 2010 would be allowed to reapply.
DHA understands that many ZDP permit holders whose permits have expired are experiencing many challenges with their employers, banks, etc. DHA will send a communique to all government departments, banks and other relevant institutions as well as employers to not withhold any payments due to ZDP permit holders after the expiry of their permits because they are going to be issued with new permits.
Mr McKay encouraged all those ZDP permit holders who might have received the notice "undesirable immigrant" for possessing an expired permit when crossing border points to appeal to DHA for upliftment of their permits until December 2014. This notice will then be removed.
It must also be emphasised that all ZDP permits, despite their date of expiry, are going to expire in December 2014 and every ZDP permit holder is expected to apply for ZSP.
The DHA will soon announce when and where to go for police clearance. However, police fingerprint clearance is to be obtained directly from any police station.
• Requirements:
• Study permit: Letter of admission, valid passport and fingerprint clearance
• Work permit: Letter from employer, valid passport and fingerprint clearance.
• Business permit: valid passport, SARS registration, proof of registration of business and fingerprint clearance.
• To change permit (e.g.: from study to work permit) the applicant will have to submit documents required for that particular permit.
• Applications will be made online from 10 October to 31 December 2014 and all applicants will have to contact the call centre immediately to book an appointment for in-person submissions. In-person applications (submission of required documents and biometrics) will be done per appointment only from 01 Nov. to 30 April 2015.
• Adjudication of applications will take a maximum of 8 weeks.
• VFS.GLOBAL will open 10 facility centres to assist with applications. A website is provided for ZSP applications: http:/www.vfsglobal.com/zsp/southafrica
• An email is dedicated for inquiries: info@vfshelpline.com
• Working hours: 08h00 - 05h00 from Monday to Saturday
• Administration fee: R800,00. Normally VFS fee for visas/permits is R1350 but DHA negotiated for the reduction of the price specifically for ZSP in order to enable everyone to apply.
DHA understands that many ZDP permit holders whose permits have expired are experiencing many challenges with their employers, banks, etc. DHA will send a communique to all government departments, banks and other relevant institutions as well as employers to not withhold any payments due to ZDP permit holders after the expiry of their permits because they are going to be issued with new permits.
Mr McKay encouraged all those ZDP permit holders who might have received the notice "undesirable immigrant" for possessing an expired permit when crossing border points to appeal to DHA for upliftment of their permits until December 2014. This notice will then be removed.
It must also be emphasised that all ZDP permits, despite their date of expiry, are going to expire in December 2014 and every ZDP permit holder is expected to apply for ZSP.
The DHA will soon announce when and where to go for police clearance. However, police fingerprint clearance is to be obtained directly from any police station.
• Requirements:
• Study permit: Letter of admission, valid passport and fingerprint clearance
• Work permit: Letter from employer, valid passport and fingerprint clearance.
• Business permit: valid passport, SARS registration, proof of registration of business and fingerprint clearance.
• To change permit (e.g.: from study to work permit) the applicant will have to submit documents required for that particular permit.
• Applications will be made online from 10 October to 31 December 2014 and all applicants will have to contact the call centre immediately to book an appointment for in-person submissions. In-person applications (submission of required documents and biometrics) will be done per appointment only from 01 Nov. to 30 April 2015.
• Adjudication of applications will take a maximum of 8 weeks.
• VFS.GLOBAL will open 10 facility centres to assist with applications. A website is provided for ZSP applications: http:/www.vfsglobal.com/zsp/southafrica
• An email is dedicated for inquiries: info@vfshelpline.com
• Working hours: 08h00 - 05h00 from Monday to Saturday
• Administration fee: R800,00. Normally VFS fee for visas/permits is R1350 but DHA negotiated for the reduction of the price specifically for ZSP in order to enable everyone to apply.
September 11, 2014
ADR0 Programme and Activities: 2013-2014
With the sponsorship of the Foundation of Human Rights, ADRO successfully managed to carry out its objectives in assisting refugees and asylum seekers. These activities include:
1) Workshop aimed to educate refugees and asylum seekers on access to refugee permits and the refugee status determination process
1) Workshop aimed to educate refugees and asylum seekers on access to refugee permits and the refugee status determination process
- The workshop was carried out at the end of December 2012 which was facilitated by Mr Zoe Nkongolo, an experienced human rights activist, and seconded by ADRO and other community leaders.
- 60 participants attended the workshop
- The participants expressed a general sentiment of satisfaction after gaining a deeper understanding of their rights and responsibilites- they were more aware of the refugee laws and their required duty in the application process.
- By doing so, it reduced the burden on DHA/RROs as the application process will be smoother
- Other issues like cultural diversity, xenophobia and conflict management were also brought up and discussed.
- In July 2014, ADRO carried out another human rights workshop to educate refugees and asylum seekers on their rights as many are disadvantaged due to the lack of knowledge on their rights as refugees, especially the unemployed.
2) Assisting clients with their documentation
- Problems with documentation revolve around banking, legalization of stay and documentation for permits.
- ADRO has been active with accompanying clients to DHA to assist them with their documentation.
- In other cases where legal advice is needed, ADRO will draft referral letters to the relevant organizations (UCT Law Clinic, Legal Resource Center, South African Human Rights Commission)
3) Monitoring through visits to Refugee Reception Center
- ADRO conducted interviews with applicants queuing outside the RRO and received testimonies on the human rights abuses during the process eg:
- Lack of access to food and water
- Inadequate facilities for the disabled, women and children
- Violence by security guards
- Inefficient queue management
There are many issues that ADRO remains concerned about and is looking into addressing them in the future- UIF and the payouts for unemployed refugees, opening of bank accounts and the organization of DHA with regards to accessibility to refugees and asylum seekers.
August 27, 2014
Migration of the Refugee Passport and Identity Document Office to Bellville
According to the Cape Town Temporary Refugee Facility Center Manager Mr Mathebula, the Refugee Passport and Identity Document Office will officially move to the new Department of Home Affairs premise in Bellville as of September 1st, 2014.
The new office is meant to improve the applicants' experience with a larger seating space that could accommodate more applicants as well as a designated entrance directly to the office which improves the office's accessibility. Therefore, the current problem of applicants, especially children, queueing in the rain will be avoided. Also, the separate entrance that leads directly to the office, and the staff stationed at the entrance, ensure that there is no confusion in locating the office. This is supposed to improve the current situation where the office located on the 5th floor is highly inaccessible to elderly applicants who had to climb the stairs when the lift breaks down.
Moreover, as most of the applicants are Somalis who reside in Bellville, the migration of the office reduces the transportation time and cost, thereby making it more convenient for the applicants.
The new office is located at 85 Voortrekker Road, Boston House Center, Bellville.
The new office is meant to improve the applicants' experience with a larger seating space that could accommodate more applicants as well as a designated entrance directly to the office which improves the office's accessibility. Therefore, the current problem of applicants, especially children, queueing in the rain will be avoided. Also, the separate entrance that leads directly to the office, and the staff stationed at the entrance, ensure that there is no confusion in locating the office. This is supposed to improve the current situation where the office located on the 5th floor is highly inaccessible to elderly applicants who had to climb the stairs when the lift breaks down.
Moreover, as most of the applicants are Somalis who reside in Bellville, the migration of the office reduces the transportation time and cost, thereby making it more convenient for the applicants.
The new office is located at 85 Voortrekker Road, Boston House Center, Bellville.
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