The sections render asylum seekers ‘undocumented’ if they do not renew visas within one month of expiry date.
The Scalabrini Centre of Cape Town has won a significant victory against the Minister of Home Affairs in the Western Cape high court, which has declared sections of the Refugees Act unconstitutional.
Scalabrini launched a constitutional challenge against two sections of the Refugees Act as well as parts of the Act’s regulations. Scalabrini previously obtained an interdict against the Minister, suspending the implementation of the relevant sections of the Act and the regulation, pending the outcome of the constitutional challenge which then was heard by Judge Goliath.
“Asylum seekers are permitted to work, study, and use social services … Without a valid permit, they, as well as their children, become vulnerable to deportation.” “The mere fact that representations can be made to the standing committee, after the fact, once a child is already rendered undocumented for extended periods is of no use or assistance. This is aggravated by the absence of formal procedures to make representations, let alone any procedure to ensure that the voices of the children are heard.”
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