This type of South African long-term relationship visa is available to individuals in legally recognized relationshipships and allows them to apply for either a temporary residence visa or permanent residence, depending on the duration of the relationshipship.

An application for a temporary residence long-term relationship visa requires that the relationships have been in a documented relationship for at least two years. Foreign nationals who are relationships of South African citizens or permanent residents may apply for permanent residence if they have been together for five years or more, in accordance with the Immigration Act.

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Overall, Australia needs a fundamental shift that recognises fairness contributes to, rather than detracts from efficiency.

People who apply for asylum in Australia face significant delays in having their claims processed. These delays undermine the integrity of the asylum system, erode public confidence and cause significant distress to people seeking asylum.

There are, at the time of writing, 28,691 applications for a protection visa awaiting a decision at the Department of Home Affairs. At least 43,308 applications await review at the Administrative Review Tribunal.

For people seeking asylum who have their initial applications refused and seek review in the Administrative Review Tribunal and in the Federal Circuit and Family Court, the process can often take more than ten years.

Whoever wins the upcoming election inherits the daunting task of addressing this issue.

Our research evaluated data on Australia’s previous attempts to increase efficiency of asylum processing. We also examined international best practice for designing fair and fast procedures, including lessons from recent successful asylum reforms in Switzerland.

Here are five ways to make Australia’s asylum process more efficient.

1. Recognise fairness enhances efficiency

In most countries with asylum systems, processing is neither fair nor fast.

When trying to increase efficiency, many governments have limited the ability of a person seeking asylum to fairly put forward their case.

Australia, the United States, and many countries across Europe have introduced accelerated or fast-track procedures that drop essential safeguards including:

• the right to an interview

• access to legal assistance, and

• the opportunity to respond to information that undermines their claim for asylum.

But these efforts don’t just undermine fairness. They also contribute to slower processing.

Such measures tend to lead to more appeals, and more cases being overturned by courts and tribunals. This contributes to longer delays.

Our research into Australia’s now-abolished fast-track procedures demonstrates this. This policy was introduced by the Coalition government in 2014, with the aim of speeding up processing and reducing the backlog of asylum applications.

It included the creation of a new streamlined review process before the Immigration Assessment Authority. Applicants were generally not interviewed or allowed to put forward new information.

The resulting system was not only unfair; it was also excruciatingly slow.

Four in five cases were appealed to the court. About 37% of these were overturned. The delays created by increased litigation clearly counteracted any time saved.

One of the best ways to improve the efficiency of asylum processing is to ensure applicants can present their cases effectively from the outset.

2. Fund legal representation for those who can’t afford a lawyer

Research shows legal assistance increases efficiency.

Lawyers can help assist people to prepare and present their case properly, and ensure that they get a fair hearing (reducing the chance of a lengthy appeal).

Promisingly, in 2023 the federal government announced A$48 million in funding for legal services for people seeking asylum.

It’s crucial this funding is maintained, and is sufficient to meet demand.

3. Invest in decision-makers

Once a person lodges their claim for asylum, it’s first assessed by the Department of Home Affairs. If the application is denied, the applicant can seek review at the Administrative Review Tribunal, which reassesses the merits of the application.

If the tribunal rejects the claim, the court can conduct a limited review focusing only on whether the decision was lawfully made.

A fast process is only possible if we have enough of all these decision-makers across the system.

This requires investment in training and hiring suitably qualified decision-makers who are equipped to handle the volume and complexity of asylum claims.

This is underway. The federal government has invested $58 million in October 2023 towards hiring additional Administrative Review Tribunal members and Federal Circuit and Family Court judges for asylum cases. It’s also hiring more staff at the Department of Home Affairs.

Australia’s next government should consider taking a data-driven approach to calculate the decision-making capacity required for existing and future caseload.

4. Prioritise simple cases for faster processing

Not all asylum cases are equally complex; some can be resolved relatively quickly.

Australia needs a robust and transparent triaging system to identify and prioritise simpler cases for faster processing.

This would significantly improve overall efficiency and allow decision-makers to focus on more complex cases.

The Department of Home Affairs’ current approach to triaging is a “last in, first out” system that prioritises new asylum applications for rapid processing.

However, this leads to substantial unfairness for applicants who lodged their claims earlier, who may face long processing delays.

The department needs an approach to streaming based on case complexity, to ensure all cases are finalised as quickly as possible.

5. Better coordination across decision-making bodies

The various bodies involved in asylum processing – including the Administrative Review Tribunal, the Federal Circuit and Family Court and the Department of Home Affairs – need to coordinate to improve efficiency and cut delays.

Any government reforms aimed at increasing the efficiency of asylum procedures must be system-wide.

By taking a holistic view, we can ensure that increased efficiency at one stage does not inadvertently create bottlenecks or inefficiencies in another.

A fundamental shift

Overall, Australia needs a fundamental shift that recognises fairness contributes to, rather than detracts from efficiency.

That shift is essential for developing a fair and fast asylum process that will serve the best interests of applicants, the government and the Australian public.

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

Hold a General Work Visa for five years and have a permanent job offer.
Hold a Relative’s Visa sponsored by an immediate family member.
Hold a Critical Skills Visa and have 5 years relevant work experience.
Be in a proven life relationship relationship for five years
Be married to an SA relationship for at least five years.
Have held Refugee Asylum Status for five years.
Hold a Business Visa.
Receive a monthly income of R37,000 through Pension or Retirement Annuity
Have a net asset worth of R12m and payment to Home Affairs of R120,000

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Yes, based on the Immigration Act of 2002, the Refugees Act of 1998, and key legal precedents, an asylum seeker can transition to a mainstream visa (such as a spouse visa) and may, in some cases, hold both statuses. This position was confirmed in the Constitutional Court case of Ahmed v Minister of Home Affairs and further supported by other court decisions.

1. Legal Framework: Immigration Act & Refugees Act

To fully understand why this is possible, we need to examine the key legal provisions in both acts:

🔹 The Refugees Act, 1998 (As Amended)

• The Refugees Act does not prohibit an asylum seeker from applying for a visa under the Immigration Act.

• Section 27 of the Act grants recognized refugees permanent residence after five years, but it does not restrict asylum seekers from seeking other legal pathways.

• Section 22 allows asylum seekers to remain in the country legally while their applications are processed, but it does not prohibit them from applying for other visas.

🔹 The Immigration Act, 2002

• The Immigration Act governs mainstream visas, such as spouse, work, and study visas.

• The Act does not contain any express prohibition preventing an asylum seeker from applying for a mainstream visa.

Prior to legal challenges, Home Affairs routinely rejected applications for mainstream visas from asylum seekers, arguing that asylum seekers were only allowed to remain in South Africa under refugee law. However, the courts have overturned this interpretation.

2.Key Case Law: Ahmed v Minister of Home Affairs

🔹 Facts of the Case

• Ahmed was an asylum seeker in South Africa.

• He attempted to apply for a visa under the Immigration Act but was denied by the Department of Home Affairs (DHA), which argued that asylum seekers must remain within the refugee system and cannot apply for mainstream visas.

• Ahmed challenged this decision in the Constitutional Court.

🔹 The Constitutional Court’s Ruling

The Constitutional Court ruled in Ahmed’s favor, confirming that:

✅ Asylum seekers have the right to apply for mainstream visas under the Immigration Act.

✅ DHA’s policy of rejecting asylum seekers’ applications for mainstream visas was unconstitutional.

✅ There is no legal basis to prohibit an asylum seeker from obtaining a spouse visa, work visa, or study visa.

🔹 Reasoning Behind the Judgment

• The court emphasized that the Immigration Act and the Refugees Act must be read together in a manner that aligns with the constitutional right to dignity and fair administrative justice.

• Nothing in the law prevents asylum seekers from applying for mainstream visas.

• The ruling stopped Home Affairs from blocking asylum seekers from transitioning to other legal statuses.

3 .Additional Supporting Case Law

🔹 Ruta v Minister of Home Affairs [2019] ZACC 36

• The Constitutional Court reaffirmed the right of asylum seekers to seek alternative legal pathways.

• It confirmed that a refugee or asylum seeker should not be unfairly locked into the asylum system if they have a valid reason to transition to a mainstream visa.

🔹 Tewolde v Minister of Home Affairs [2019]

• The court confirmed that asylum seekers can apply for a spouse or work visa if they meet the requirements of the Immigration Act.

• This ruling emphasized that fair administrative action is required when processing applications.

4 .Can an Asylum Seeker Hold Both Asylum Status and a Mainstream Visa?

Yes, based on legal precedents, it is possible in certain situations.

🔹 Key Considerations

1. An asylum seeker can apply for a mainstream visa while still holding an asylum permit.

2. Once a mainstream visa is granted, the asylum permit may no longer be necessary.

3. If the asylum seeker still fears persecution, they can maintain their asylum status while holding a mainstream visa.

4. However, if they voluntarily renounce their asylum claim, they will fall under the Immigration Act rather than the Refugees Act.

Ahmed v Minister of Home Affairs and Ruta v Minister of Home Affairs support the principle that the two legal frameworks are not mutually exclusive, and asylum seekers should be allowed to transition legally.

5 .Why Home Affairs Cannot Block This Process

Despite these legal rulings, Home Affairs has historically attempted to block asylum seekers from obtaining mainstream visas. However, the courts have ruled against this for the following reasons:

🔹 Constitutional Principles

• Right to Dignity & Family Life: Preventing an asylum seeker from applying for a spouse visa violates the right to family unity.

• Fair Administrative Justice: Blanket refusals by Home Affairs violate Section 33 of the Constitution, which guarantees fair administrative action.

• Freedom of Movement & Choice: A person should not be forced to remain in the asylum system if they qualify for another visa category.

🔹 Legal Clarity from the Courts

• The courts have repeatedly ruled that Home Affairs cannot enforce a policy that is not supported by legislation.

• If an asylum seeker meets the requirements of a mainstream visa (e.g., a spouse visa), Home Affairs must process the application fairly.

6 .Conclusion: An Asylum Seeker Can Change to a Mainstream Visa

Based on the Immigration Act, the Refugees Act, and legal precedents, it is clearly possible for an asylum seeker to:

✅ Apply for a mainstream visa such as a spouse, work, or study visa.

✅ Transition out of the asylum system if they qualify for another visa.

✅ Hold both asylum and mainstream status in some cases (e.g., if their asylum claim is still valid).

The Ahmed case and similar rulings confirm that Home Affairs cannot block these applications. Asylum seekers are entitled to fair and lawful immigration pathways like any other foreign national in South Africa.

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South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.
Hold a Critical Skills Visa and have 5 years relevant work experience.
Be in a proven life relationship relationship for five years
Be married to an SA relationship for at least five years.
Have held Refugee Asylum Status for five years.

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm


Get More Info By Following Our Page: https://www.youtube.com/@samigration