Visa renewal victory for asylum seekers

IOL – 28 Dec 2022

Cape Town – A Western Cape High Court judgment will come as a relief to many asylum seekers who have been unable to renew their visas for valid reasons.

A ruling handed down by Judge Elizabeth Baartman on Monday will give them an opportunity to do so without the fear of being treated as an illegal foreigner and returned home, law firm Norton Rose Fulbright Inc said in a statement on Tuesday.

Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, where they could face detention without trial, rape, torture or death, simply for being a month late in renewing a visa.

The Scalabrini Centre of Cape Town, represented on a pro bono basis by Norton Rose Fulbright and advocates David Simonsz and Nomonde Nyembe, sought to prevent the short- and long-term operation of the abandonment provisions, as the provisions infringed on asylum seekers’ rights to life, freedom and security of person, dignity and equality; and prevented South Africa from fulfilling its international law obligations towards refugees, including the international law principle of non-refoulement. The suspended provisions are commonly referred to as the ’’abandonment provisions’’.

The suspension will operate until the constitutional attack against the impugned provisions has been adjudicated on by the Western Cape High Court and, to the extent necessary, confirmed by the Constitutional Court.

’’The abandonment provisions meant that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment), can the Department of Home Affairs pardon the late renewal.

’’This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined.

’’It also leaves asylum seekers vulnerable in South Africa as essentially undocumented foreigners who will struggle to access health care, employment and education while they await the decision of whether their reason for late renewal meets the Department of Home Affairs high threshold,’’ Norton Rose Fulbright Inc said in a statement.

’’The reality for asylum seekers is that they are frequently required to renew their asylum visas. In the renewal process, they experience extraordinary delays caused by the administrative failures of the Department of Home Affairs.

’’These are often exacerbated by socio-economic factors such as not having the means to travel to far away Refugee Reception Offices as frequently as is required, waiting in long queues at the Refugee Reception Offices, facing corruption from officials who refuse to renew visas without bribes, or the general inefficiency of the Refugee Reception Offices that are overworked but understaffed. In light of these realities, many asylum seekers fail to renew their visas for valid reasons.

’’Judge Baartman delivered a powerful judgment, emphasising that the case does not involve imaginary victims – the suspended abandonment provisions affect real asylum seekers who could face serious human rights violations should the provisions continue to operate. She criticised the department’s conduct in the case, which was characterised as regrettable and unhelpful.

’’This includes many asylum seekers who may have been prevented from renewing their asylum documents prior to the pausing of services at Refugee Reception Offices during the national lockdown – a pause which is set to remain in effect until at least 31 January, 2021.

’’Scalabrini Centre, represented by Norton Rose Fulbright, firmly believes the abandonment provisions are unconstitutional and persists in a challenge to this effect.’’

www.samigration.com

Serbia Introduces Visas for Nationals of India & Guinea-Bissau From January 1, 2023

Schengen info | 27 December 2022

Citizens of India and Guinea-Bissau will no longer be able to visit Serbia without applying for a visa, as the country has introduced a visa regime for these citizens, in an effort to align with the EU visa policy.

According to a travel advisory, Indian nationals who intend to enter Serbia on or after January 1, 2023, should initially apply for a visa at the Embassy of Serbia in New Delhi or in their country of residence, SchengenVisaInfo.com reports.

The measure has been introduced in an attempt to align its visa policies with the EU and prevent illegal migration, which in recent years has been quite common. As of January 1, 2023, Indian citizens travelling to Serbia have to apply for a visa, as Serbia has withdrawn the existing arrangement of visa-free entry to those holding an Indian passport.

Prior to these changes, Indian travellers holding a passport or other travel documents were not required to apply for a visa in order to enter Serbia for up to 30 days within a period of one year.

“Also, it may be noted that holders of Indian passports having a valid Schengen, UK visa, or visa of the United States of America, or residence permit of these countries may enter visa-free to the Republic of Serbia up to 90 days during a six-month period, and within the validity of said visas or residence permits,” the statement by the Embassy noted.

In addition to India and Guinea Bissau, Serbia ended its visa-free regime with Tunisia and Burundi under the same claims that aim at reducing illegal migration.

Serbia has experienced a surge in the number of refugees from different countries, especially Cubans, as the numbers went from 36 to 339. However, the surge noticed in Turk arrivals beats all other numbers – from 1,653 to 6,186, which alarmed both Serbia and the European Union.

Moreover, arrivals from India soared during this time, from 557 to 4,469, which indicated that the authorities had to take some action to prevent the country from becoming a migration gate.

Türkiye, India, Tunisia, Cuba and Burundi represented 2.5 per cent of illegal border crossings recorded throughout 2021 on the Western Balkan Route, which recorded a 20 per cent increase this year.

Currently, Serbia has a visa waiver agreement with Armenia, Azerbaijan, Bahrain, Bolivia, China, Cuba, Indonesia, Jamaica, Kyrgyzstan, Kuwait, Kazakhstan, Oman, Mongolia, Qatar, Suriname and Türkiye. In addition, Russian and Belarusian citizens can visit Serbia without a visa for a period of up to 30 days.

Frontex, the European Border and Coast Guard Agency has revealed that 61 per cent of 36,500 border crossings reported in October of 2021, which total to 22,300 detections,  were recorded in the Western Balkan route, which has been the most affected route in the last three months. The countries of origin for the majority of arrivals were Burundi, Afghanistan and Iraq, as Frontex points out.

In addition, the Western Balkan route has registered the highest number of illegal border crossings since 2015 when the migration crisis reached its peak.

www.samigration.com

Greece Increases Golden Visa Minimum Investment to €500,000 in Parts of Country

28 December 2022 | Schengen visa

Wealthy internationals planning to acquire residency in Greece through the Golden Visa program will have to spend more money when investing after the country decided to increase the minimum amount of investment for this program.

According to an amendment presented in Greece’s Parliament last week, in some parts of the Hellenic Republic, the minimum value of property required for Golden Visa issuance would be €500,000, SchengenVisaInfo.com reports.

Based on local media reports, the new changes will be applied to the North part of Greece, as well as the Central and South Sector of Athens in the Attica Region, the islands of Mykonos and Santorini, and also the Municipality of Thessaloniki.

The Residency by Investment scheme, also known as the Golden Visa scheme, permits internationals to acquire residency in Greece provided they make a specific amount of money investment and meet specific conditions.

Earlier this year, the Prime Minister of Greece, Kyriakos Mitsotakis, unfolded plans that Greece would increase the minimum amount of investment needed in order for the issuance of Golden visas to a total of €500,000 instead of €250,000.

Mitsotakis announced such changes while stressing that the program would be revamped. The PM added that the new amendments would be introduced in order to raise the affordability of real estate for citizens of Greece.

According to Greece’s PM, investors were snapping up properties in Greece, especially in Athens, and also driving Greeks out of their own neighbourhoods and increasing rents.

It has been emphasised that for the rest of the country, the minimum value of 250,000 euros will be eligible for an investor permanent residence permit, also known as the Golden Visa.

Nationals from third countries who hold a permanent residence permit for investors are eligible to renew it for an equal time period if they still have ownership of the property, and the period of their absence from the country makes no problems.

In addition, it was reported that nationals from third countries who hold property in Greece are allowed to lease it.  At the same time, third-country nationals are eligible to complete contracts that are in progress in the territories where the new changes will be applied until December 31, 2023.

Greece’s Golden is among the most famous programs of this kind in Europe; however, it has often been criticised as being an open door to many unlawful affairs such as money laundering and corruption, while the European Commission is continuously calling on EU countries that run such schemes to terminate them as soon as possible.

Previously, a report provided by Ekathimerini noted that one-third of real estate transactions in the Hellenic Republic in the past years resulted from the purchases made for the acquisitions of a Golden Visa.

www.samigration.com

Germany: Number of People Eligible for Asylum Seekers’ Benefits Increases by 4.3% in 2021

28 December 2022 | Schengen Visa

The Federal Statistical Office (Destatis) has revealed that 399,000 people have received standard benefits offered to asylum seekers in 2021, with a third of recipients being minors.

According to the authority, the main nationality groups among beneficiaries include Afghanis, Iraqis and Syrians. The number of recipients has increased by 17,000 or 4.3 per cent compared to 2020, which noted the first increase in the number of recipients in this category since 2015, SchengenVisaInfo.com reports.

In accordance with the Asylum-Seekers’ Benefits Act, there is a provision for this category as follows:

• Basic benefits for housing, heating, food, clothing, personal hygiene, healthcare and household items
• Benefits to afford personal daily requirements
• Benefits for vulnerable people such those that are sick and pregnant women
• Benefits depend on individual cases and special circumstances

Germany has recently approved the amendments to the law on the right of residence and asylum for non-EU citizens who are already living in the country.

The amendments were approved on December 2, including making it easier to obtain residency for those without status and facilitating the opportunity for young people who have been in Germany for at least three years, to remain there.

The Parliament also approved a law which foresees the asylum application procedures being expedited, which indicated a clearer backlog of applications.

The new law will enable those that have been living in Germany for at least five years to secure residence status and obtain the right of residence for 18 months. Throughout this time, the subject can apply for a permanent right to stay in the country and provide the necessary information, including language skills and an understanding of the German lifestyle.

“Around 137,000 of the approximately 248,000 tolerated persons could benefit from the new law,” reads a statement published in the European Website on Integration regarding the issue.

In addition, people from this category that are under 28 years old, will no longer have to wait for four years for the right to continue living in Germany as that period has been shortened to three years.

People younger than 27 years old, will be able to live in the country if they have learned the language and adapted to the German culture.

Asylum seekers will also be able to receive a quicker response in their application, as the new changes aim at determining a decision on their application for a shorter period, with the maximum procession time for an asylum application can be six months but sometimes it can take up to 18 months.

www.samigration.com

Portugal: 40% Increase in Number of Golden Visas Granted in November

Schengen info - 28 December, 2022

A total of 40 per cent increase was noted in the number of investments made through the country’s Golden Visa Program, or a 48 per cent year-on-year increase compared to October figures, to 65.5 million euros.

Such figures have been made through the recent report provided by Lusa, taking into account the figures of the Foreigner and Border Service (SEF), SchengenVisaInfo.com reports.

According to a report provided by Portugal News, in November this year, the investments through the country’s Golden Visa scheme reached 65.5 million, or a 40 per cent increase compared to November 2021 data, during which month, 46. 6 million were registered.

At the same time, compared to as of 44.3 million euros recorded in October, investments in November this year surged by 48 per cent.

The data provided by Lusa shows that in the first 11 months of 2022, investments through this program reached 575 million euros or a surge of 37 per cent in comparison to the figures of the same period last year.

It has been reported that the number of Golden Visas granted in November this year by authorities in Portugal is 121, of them 95 for the acquisition of real estate and 26 for the transfer of capital.

Out of the total 1,130 Golden Visas that were granted by authorities in Portugal this year so far, the number of visas issued each month is as follows:

• January – 94 Golden Visas issued
• February – 94
• March – 73
• April – 121
• May – 112
• June – 155
• July – 80
• August – 77
• September – 120
• October – 83
• November – 121

The main beneficiaries of Portugal’s Golden Visa scheme last month were citizens of the United States (18 golden visas granted to them), followed by United Kingdom citizens (14), China (13), Brazil (10), as well as South Africa (10).

In November this year, the number of residence permits granted to reunited family members was 138.

The Golden Visa scheme of Portugal is among the most famous schemes of this kind in European countries.

This program permits wealthy internationals to acquire residency in Portugal, provided they make a specific amount of money investment and meet specific conditions.

However, despite the fact that it brings significant contributions to the country’s economic sector, it is often in the media spotlight after reports that it is involved in many unlawful affairs such as corruption and money laundering.

Portugal’s Prime Minister, Antonio Costa, previously announced that the country is considering abolishing such a scheme, however, recently, the Socialist Party voted against the initiative to put an end to this program, despite the previous announcements made in this regard.

www.samigration.com