Court ruling highlights citizen issues for stateless children in South Africa

The high court in Pretoria, in addressing the issue of a child who had been left stateless, ordered Home Affairs to within three months register her as a citizen of this country
Amendments to the Citizenship Act came under the judicial spotlight after one child born from parents who are legally in the country as refugees after they had fled Rwanda is a citizen of South Africa, while her younger sister, born after amendments, is left stateless.
The youngest child, born in 2015 after a change in the law, does not automatically qualify for citizenship as her elder sister did. In terms of the new law, she can only apply for citizenship here - with no guarantees that she will receive it - after she has turned 18.

Her parents, who have been living in South Africa now for several years, turned to the Gauteng High Court, Pretoria out of desperation as their youngest child has now been left stateless. Home Affairs, which has followed the letter of the law, refused to grant her citizenship.
Judge Anthony Millar, in the opening of his judgment in which he ruled in favour of the parents, remarked that “it is a foundational pillar of our law that every child has the right to a name and nationality from birth".

Prior to January 1, 2013, when the applicant's eldest child was born; in terms of the Citizenship Act, a person born here was a South African citizen by birth if one of the parents were legally here.
Since both parents are refugees here and not citizens, the youngest child finds herself in a situation where she is without South African citizenship conferred on her automatically and to obtain citizenship upon application, would have to wait until she was a major (18) to do so.
Judge Millar questioned that while the status of the parents is that of refugees, and of their eldest child is that of a citizen of the Republic, what then is to become of the youngest child since she does not automatically qualify for South African citizenship, nor that of Rwanda.

Home affairs suggested that she applied for Rwandan citizenship or simply waited until she turned 18 to apply for South African citizenship.
But the judge pointed out that as refugees from Rwanda, the parents can hardly ask that country to grant their daughter citizenship. The choice is an impossible one for the parents, the judge remarked.

He added that because of the change to the Citizenship Act, she is not a citizen in the country of her birth. Only after she turns 18 will she have to apply to be recognised as a refugee in her own name and only thereafter, if her application is granted, will she be able to apply for citizenship of South Africa by way of naturalisation.
“This proposed course of action will only give her a right to apply, and not a vested right as guaranteed by the Constitution. This only serves to perpetuate her current predicament, and she would still have no nationality and remain stateless.”
Judge Millar said in cases such as the present one, “it must not be forgotten that procedure is, but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any procedural technicalities".

“It is constitutionally directed that a child is to have a nationality from birth, and it follows axiomatically that it is in the best interests of the child that this is so. In the circumstances, the child is to be declared a citizen of the Republic of South Africa,” Judge Millar said.
He ordered Home Affairs to, within three months, register the child accordingly.

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Can an Asylum Seeker Change to a Mainstream Visa AND Keep both Statuses – Overview?

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
Case Citation: Ahmed v Minister of Home Affairs [2018] ZACC 39
🔹 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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Cape Town man's 20-year battle for identity document highlights Home Affairs challenges

A former prisoner who has turned his life around for the better and who has never owned an identity document (ID) is at his wits end after waiting for more than 20 years for the matter to be resolved.
In a last attempt for success, Dawood Abrahams, 41, approached the Cape Argus on Tuesday after visiting several Home Affairs offices in Cape Town, together with his wife, Aqeela Linnert.

The couple from Sea Winds are married according to Islamic law.
Abrahams said due to being incarcerated, he was never able to obtain an ID and claimed he made various applications over the years and even did DNA tests to prove that he was a South African citizen.
He said he submitted fingerprints on numerous occasions, including the identification documents belonging to his parents.
“When I was a small child, my birth certificate was lost,” he said.

“I became involved with the wrong things in life and I was naughty and I was sent to prison.”
In his twenties, Abrahams said he tried to obtain an ID but ended-up behind bars again before he could collect his new document.
“I made an application while being around 27 or 28 years old and my parents took me to the Wynberg branch.
“I was imprisoned again and when I came out after about three years I decided to find out what happened with my ID.
“But I was told that they destroyed the ID and that I need to make a new application.”

In 2016, he was referred to Cape Town’s branch where he said he made another application and even provided a sample of his blood for DNA testing.
“I was referred to Immigration and told to take forms home with me and to provide blood DNA to show that they are my parents.”
But he claims he was once again left disappointed after he was told he could not be in possession of state documentation at home.
“Those documents were destroyed and I was told I had to make a new application and this person helped me by giving me a new birth certificate.
“But I have been waiting since then for a new ID.”

His wife said it made their lives hard financially as he was unable to find employment.
“He is a father and he is unable to work,” she said.
“We asked for the information on the system to be provided to us because we want to know why it is taking so long.
“We told them we are going to go to the newspaper.”

Siyabulela Qoza of the Department of Home Affairs said they would have to query internally before providing comment publicly on the case and asked for personal information of Abrahams to be provided in order to determine what happened.

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Canada Rejects 2.36 Million Applications Seeking Visas and Work Permits, Gives Reason

Canada tightened its immigration policies in 2024, rejecting 2.36 million temporary resident applications, including visitor visas, study permits, and work permits The government introduced these measures to reduce pressure on housing, infrastructure, and public services while addressing concerns about visa overstays and fraud Stricter eligibility criteria and caps on study and work permits have significantly impacted international students and foreign workers seeking entry into the country Ottawa, Canada – The Canadian Government announced significant changes to its immigration policies aimed at reducing the number of temporary residents entering the country.

According to data from Immigration, Refugees and Citizenship Canada (IRCC), approximately 2.36 million temporary resident applications were rejected in 2024. The measures, which include stricter eligibility criteria and caps on certain visa categories, are part of efforts to alleviate pressure on housing, infrastructure, and social services. Visa categories affected by rejections The rejection rates impacted three major visa categories:

Canada turned down 1.95 million applications in 2024, a sharp increase compared to previous years. Study Permits: 290,317 international student applications were rejected, with a refusal rate of 52%. Work Permits: 115,549 applications were denied, reflecting tighter controls on foreign labour entry. Reasons behind policy changes The IRCC stated that the surge in temporary residents following the COVID-19 pandemic contributed to increased pressure on housing, healthcare, and public services. The new policies aim to stabilise population growth and ensure resources are allocated effectively. Officials also cited concerns over visa overstays and fraud, particularly within the International Student Program, where nearly 50,000 students were found not actively enrolled in schools. Impact on International students and workers International students have been particularly affected by reforms, including caps on study permits and stricter financial requirements. Applicants must now provide proof of income and undergo rigorous verification processes to prevent fraud. Similarly, work permits are being limited to address labour shortages in key sectors like healthcare, construction, and tourism.

Economic and social implications Experts have noted both positive and negative impacts of the policy changes. On the one hand, reducing temporary residents is expected to ease the burden on housing and healthcare systems, improving service delivery. On the other hand, Canada’s ageing population and economic realities may pose challenges in the long term, particularly in sectors reliant on foreign workers.
Canada is the second-largest country in the world by land area, located in North America and bordered by the United States to the south. Known for its stunning natural landscapes, including mountains, forests, and lakes, the country also has vibrant multicultural cities like Toronto, Vancouver, and Montreal. Canada is recognised for its high quality of life, progressive policies, and a welcoming attitude towards immigrants, making it a popular destination for international students, workers, and travellers alike. UK government to increase passport fee, mentions new price

Canada announces new policy to help Nigerians, others to study without a permit Legit.ng earlier reported that the UK Government confirmed changes to passport application fees set to take effect on April 10th, 2025, pending parliamentary approval. According to the Home Office, these adjustments will impact both domestic and overseas applications, affecting adults and children alike. The fee increases are part of a broader initiative aimed at making the passport system financially self-reliant, thereby reducing its dependence on general tax funding. Read

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Canada Rejects 2.36 Million Applications Seeking Visas and Work Permits, Gives Reason

Canada tightened its immigration policies in 2024, rejecting 2.36 million temporary resident applications, including visitor visas, study permits, and work permits The government introduced these measures to reduce pressure on housing, infrastructure, and public services while addressing concerns about visa overstays and fraud Stricter eligibility criteria and caps on study and work permits have significantly impacted international students and foreign workers seeking entry into the country Ottawa, Canada – The Canadian Government announced significant changes to its immigration policies aimed at reducing the number of temporary residents entering the country.

According to data from Immigration, Refugees and Citizenship Canada (IRCC), approximately 2.36 million temporary resident applications were rejected in 2024. The measures, which include stricter eligibility criteria and caps on certain visa categories, are part of efforts to alleviate pressure on housing, infrastructure, and social services. Visa categories affected by rejections The rejection rates impacted three major visa categories:

Canada turned down 1.95 million applications in 2024, a sharp increase compared to previous years. Study Permits: 290,317 international student applications were rejected, with a refusal rate of 52%. Work Permits: 115,549 applications were denied, reflecting tighter controls on foreign labour entry. Reasons behind policy changes The IRCC stated that the surge in temporary residents following the COVID-19 pandemic contributed to increased pressure on housing, healthcare, and public services. The new policies aim to stabilise population growth and ensure resources are allocated effectively. Officials also cited concerns over visa overstays and fraud, particularly within the International Student Program, where nearly 50,000 students were found not actively enrolled in schools. Impact on International students and workers International students have been particularly affected by reforms, including caps on study permits and stricter financial requirements. Applicants must now provide proof of income and undergo rigorous verification processes to prevent fraud. Similarly, work permits are being limited to address labour shortages in key sectors like healthcare, construction, and tourism.

Economic and social implications Experts have noted both positive and negative impacts of the policy changes. On the one hand, reducing temporary residents is expected to ease the burden on housing and healthcare systems, improving service delivery. On the other hand, Canada’s ageing population and economic realities may pose challenges in the long term, particularly in sectors reliant on foreign workers.
Canada is the second-largest country in the world by land area, located in North America and bordered by the United States to the south. Known for its stunning natural landscapes, including mountains, forests, and lakes, the country also has vibrant multicultural cities like Toronto, Vancouver, and Montreal. Canada is recognised for its high quality of life, progressive policies, and a welcoming attitude towards immigrants, making it a popular destination for international students, workers, and travellers alike. UK government to increase passport fee, mentions new price

Canada announces new policy to help Nigerians, others to study without a permit Legit.ng earlier reported that the UK Government confirmed changes to passport application fees set to take effect on April 10th, 2025, pending parliamentary approval. According to the Home Office, these adjustments will impact both domestic and overseas applications, affecting adults and children alike. The fee increases are part of a broader initiative aimed at making the passport system financially self-reliant, thereby reducing its dependence on general tax funding. Read

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