A group of asylum seekers will argue in the Constitutional Court on Tuesday that all foreigners, including asylum seekers and refugees, in SA are entitled to apply for visas. They are approaching the top court for leave to appeal against a decision by the Supreme Court of Appeal in September 2017 that overturned a high court judgment, which declared that a 2015 immigration directive by the Department of Home Affairs was invalid and inconsistent with the Constitution. The directive caused the withdrawal of a 2008 circular, which confirmed that anyone classified as an asylum seeker or refugee under the Refugees Act was allowed to apply for a visa or permit in terms of the Immigration Act. The circular provided that the only application a refugee could make in terms of the Immigration Act was for permanent residency. Human rights lawyer Tashriq Ahmed and three of his clients approached the High Court in Cape Town after the asylum seekers’ applications for asylum were denied. One of the...
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