Steps home affairs must take before deporting illegal foreigners


Only an immigration officer may arrest a person deemed an illegal foreignerThe process of deporting illegal foreigners in South Africa is governed by the Immigration Act which empowers the home affairs department to arrest, detain and deport people who are not entitled to stay in the country. Home affairs minister Leon Schreiber, in a reply to a parliamentary question, said the department spent close to R53m between April and August to deport 19,750 illegal foreigners.The Scalabrini Centre of Cape Town, a nonprofit organisation which helps migrant communities and displaced people, details the process which must take place after someone has been found to be illegally in the country. The centre says there are certain groups of people who may not be detained for the purposes of deportation. These include asylum seekers and refugees, who are protected against deportation as this might lead to them being persecuted back home. The Immigration Act defines an illegal foreigner as a foreigner who is in the republic in contravention of the Immigration Act, or someone who does not have an asylum-seeker permit, formal recognition of refugee status or a refugee ID, or a valid permit or visa in their passport. The centre said to facilitate deportation, the department works with authorities of the foreign nationals country of origin to ensure they will be received upon return. The law is clear: only a police officer or an immigration officer may take a person suspected of being an illegal foreigner into custody. Only an immigration officer may arrest a person who is determined to be an illegal foreigner, or cause them to be arrested by a police officer. Only an immigration officer is able to determine that a person is an illegal foreigner in terms of the Immigration Act, the centre said. Detained people will usually be held at some police stations, prisons, detention facilities and offices under the management of the department. Those detained for deportation may be transferred to the Lindela Repatriation Centre in Krugersdorp, the countrys only immigration detention facility. Lindela is managed by facilities management company EnvironMongz, which also provides security services on behalf of the department.Scalabrini alleged many people detained at Lindela were not able to access the rights entitled to them.Detainees are frequently subjected to unlawful detention periods (including over 120 days), illegal sentencing, restricted access to legal representation, a lack of availability of interpreters, corruption and bribery, and the use of force. One of the latest issues that brought a legal challenge from Scalabrini this year was the alleged detention and deportation of asylum seekers before they could make an application for asylum. Scalabrini said this disturbing new practice of unlawfully arresting asylum seekers at refugee reception offices across South Africa began nationwide in November last year. In September this year, the Western Cape High Court granted an interim order interdicting the department from initiating any process to deport any foreign national present in South Africa, if that person has indicated their intention of applying for asylum, until their asylum application is determined on the merits.   Part B of the case, which will be heard at a later date, will address the constitutionality of the contested provisions.

Germany & Somalia Agree to Deport Undocumented Somalis From Germany


Germany and Somalia reached an agreement to deport undocumented Somali nationals from Germany.The German Chancellor, Olaf Scholz, said migrants without the right to stay in Germany would be repatriated quickly and effectively.At present, 65,000 Somalis live in Germany.The leaders of Germany and Somalia have agreed to step up the repatriation of undocumented Somalis in Germany.- Advertisement -The decision came following a meeting held between the German Chancellor Olaf Scholz and Somali President Hassan Sheikh Mohamud, Schengen.News reports.Emphasising the agreement will mostly apply to people convicted of serious crimes, the German Chancellor said Somali migrants without the right to stay in Germany would be repatriated quickly and effectively.This is also in the interest of the very large community of Somalis here in Germany, who are doing well and are well integrated. German Chancellor Olaf Scholz He said that as of 65,000 Somalis live in Germany, only a small number of them do not have the right to stay in the country.Tighter Schengen Visa Rules for SomaliaIn a bid to push Somalia to tighten cooperation with EU countries for the readmission of its nationals without legal documents, the Commission of the EU, in July this year, proposed to tighten the visa rules for Somalia.The proposal was introduced in a bid to strengthen readmission cooperation with the country.Through a statement, the Commission said that a proposal to the EU Council on measures with Somalia would be made soon, and then the EU countries would decide on the steps that will come after.Despite the steps taken so far by the EU and its Member States to improve readmission cooperation and taking into account the EUs overall relations with Somalia, it is considered that Somalias cooperation with the EU on readmission is not sufficient, and that action is needed.EU Commission The stricter visa rules by the EU for Somalia, if approved, would mean that Somali nationals would no longer benefit from multiple-entry visas. They would only be issued a single-entry visa.In addition, Somalis would also be obliged to pay higher Schengen visa fees while their applications would be processed within 45 days instead of 15 days.Somalis Account for Largest Number of Irregular Entries Through EUs Eastern Land BordersThe figures from the European Border and Coast Guard Agency (Frontex) provided in September this year revealed that in the first nine months of 2024, a total of 166,000 irregular border crossing attempts were detected at the EUs external borders.In September this year, nationals of Somalia were detected the most at the Eastern Land Border migratory route which includes countries such as Finland, Latvia, Lithuania, Poland, and Slovakia, among others


South Africas top tourist hub and its not the Western Cape

The tourism sector remains a cornerstone of the South African economy, driving economic growth and job creation. While various provinces are vying for the title of South Africas top tourist destination, Gauteng has consistently emerged as the popular choice for both domestic and international visitors.In a recent parliamentary response to the DAs Haseena Ismail, Tourism minister Patricia de Lille unpacked some of the key figures in the countrys critical sector since 2022.According to the minister, of the approximately ~5.7 million international tourists that visited South Africa between January and December of 2022, 2.3 million visited Gauteng, followed by Mpumalanga at 1.2 million and the Western Cape at 0.9 million.Between January and December 2023, there were ~8.5 million international arrivals, where 3.7 million visited Gauteng, 1.8 million Mpumalanga and 1.3 million the Western Cape.This top three province trend has continued in the first half of 2024, with 1.98 million visiting Gauteng, 1.04 million visiting Mpumalanga, and 0.7 million visiting the Western Cape.Citing the South African Tourism Departure Survey, de Lille said that international tourism contributed R189.6 billion in revenue (foreign direct spend) between April 2022 and June 2024.This is seen through:¢April 2022-March 2023: R74.6 billion;April 2023-March 2024: R95.1 billion;April 2024-June 2024: R19.9 billion.It is estimated that international visitor spending will reach R131.8 billion in 2024 (January to December).Looking at domestic trips between January and December 2022, approximately 5.6 million domestic trips were taken to Limpopo, making it the most visited province. Gauteng followed closely with 5.3 million trips, and the Eastern Cape saw around 5.2 million trips.In 2023, the trend continued with 7.5 million trips to Limpopo, 6.9 million to Gauteng, and 5.9 million to the Eastern Cape, indicating a growing interest in these provinces. KwaZulu Natal, with 5.4 million trips, also remained popular.By the first half of 2024, Limpopo had 2.8 million trips, Gauteng saw 3.6 million, and the Eastern Cape had 2.4 million trips. De Lille said that between April 2022 and June 2024, domestic tourism contributed ~R257.4 billion in revenue.According to the South African Tourism Domestic Survey, this is made up of:April 2022-March 2023: R103.8 billion;April 2023-March 2024: R123.8 billion;April 2024-June 2024: R29.8 billion.Going forwardAccording to the World Travel and Tourism Council (WTTC), tourisms contribution to South Africas GDP naturally dipped during COVID-19 but recovered to 8.2% in 2023. It is estimated to rise to 8.8% by the end of 2024 and reach 10.4% of GDP by 2030.According to WTTC statistics, South Africas tourism sector employed 1.46 million people in 2023 and is expected to grow to nearly 1.7 million jobs in 2024.The WTTC further projects that employment in the tourism sector for South Africa is projected to grow to and 2.23 million jobs in 2030.Tourism remains a vital sector in South Africa, essential for economic growth and job creation, said the Department of Tourism.While the global tourism market is on the path to recovery, South Africa must intensify its efforts to align with global and regional growth trends.Strategic investments in marketing, infrastructure, and policy adjustments are critical to ensuring South Africa maximises its potential in this vital sector, added the department.

Top 6 African countries with the highest Schengen visa applications

Many Africans have shown high interest in travelling to European countries within the Schengen area. The Schengen visa, which allows free movement across 27 European nations, has become a common entry point for Africans exploring Europe for business, tourism, and personal reasons. As visa applications increase, some African countries have emerged as leading sources of applications for these travel permits. The increase in Schengen visa applications reflects a rise in African migration, driven by structural and governance challenges. If current trends continue, cross-border migration from Africa could reach 11 to 12 million by 2050. Since 1990, the African diaspora has grown significantly, with Europe hosting 11 million, Asia 5 million, and North America 3 million African-born migrants, making Europe the largest destination.Here are the top 6 African countries with the highest Schengen visa applications 1. MoroccoMorocco leads the list in Africa, with 591,401 applications for Schengen visas, making it the fourth largest applicant globally. Moroccans strong interest in Europe as a destination can be linked to the countrys geographic proximity and historic ties to nations such as France and Spain. This demand reflects a combination of social, economic, and educational pursuits. Moroccan applicants form a crucial component of Europes tourism and business visa applicants, marking their place as Africas most active Schengen visa seekers. 2. AlgeriaAlgeria follows with 474,032 Schengen visa applications, placing it sixth in the world. Much like Morocco, Algerias historic connections to Europe, especially France, play a significant role in the volume of applications. Many Algerians seek opportunities to visit family, pursue higher education, or explore economic opportunities in Europe. Algerias substantial demand underlines a continued connection with Europe, especially given the existing diaspora and established ties across the Mediterranean. 3. South AfricaSouth Africa ranks third in Africa and twelfth globally, with 204,221 Schengen visa applications. South Africans often seek travel opportunities in Europe for tourism, education, and business. The countrys citizens pursue a range of experiences and partnerships, reflecting South Africas diverse economic engagements with Europe. This steady demand highlights South Africas position as a major African player in international mobility, with Europe as a top destination for travel and career development.4. Tunisia Tunisia recorded 159,740 Schengen visa applications, ranking nineteenth worldwide. Tunisians often view Europe as an accessible destination due to Tunisias geographic location on the Mediterranean coast. Many applicants are motivated by educational and professional aspirations, along with tourism. Despite challenges, Tunisians consistently demonstrate a strong interest in European travel, connecting to the regions dynamic social and economic landscape. 5. NigeriaWith 105,926 Schengen visa applications, Nigeria holds the fifth position in Africa and ranks twenty-third globally. Nigerians apply for Schengen visas for a mix of purposes, including education, business, and family visits. The growing Nigerian diaspora across Europe is also a factor, creating sustained interest in travel and mobility. For Nigerians, Europe represents both opportunity and access to a range of economic, academic, and social pathways, underlining Nigerias presence in global travel trends. 6. AngolaAngola rounds out the top six with 72,549 applications, placing thirtieth in the world. Angolas growing demand for Schengen visas signals an emerging interest in Europe, likely influenced by expanding educational and business opportunities. Angolan applicants, similar to other African nationals, see Europe as a space for growth and connection. Angolas inclusion in this list highlights the increasing mobility of its citizens in seeking opportunities abroad, particularly in the European context.

Men charged with producing fake home affairs documents granted bail

They are facing charges of contravening various sections of the Immigration Act.Two men accused of producing fake home affairs documents have been released on bail.Khalid Hoosen, 58, and Sirajbhai Isiyailbhai Patel, 56, made their second appearance in the Durban Magistrates Court in KwaZulu-Natal (KZN) on Tuesday.National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said they are facing charges of contravening various sections of the Immigration Act, 2002 (Act No.13 of 2002).BailThe charges pertain to the two men allegedly unlawfully producing documentation purporting to be documents issued by the national Department of Home Affairs, and allegedly operating an office providing the services of an immigration practitioner when they were not authorised to do so.Their appearance was for bail verification and bail was set at R20 000 for each of them. In addition, their bail conditions included that they report to the Durban Central Police Station once a week and that they surrender their passports to the Investigating Officer, Ramkisson-Kara said.The case was postponed to 15 February 2025 for further investigations.Clandestine home affairs officeLast month, three people were arrested after police uncovered an office allegedly used to help foreign nationals gain South African citizenships through illegal marriages to South African women in KZN.An intelligence-led operation by Crime Intelligence officers, working together with Metro Police Tactical Support Unit, Sydenham Trio Task Team and Home Affairs Immigration officers uncovered the clandestine home affairs office.Illegal marriage certificatesKZN police spokesperson Colonel Robert Netshiunda said the facility was used to facilitate illegal marriages and spousal visas at a block of flats on Matthews Meyiwa Road in Greyville.Netshiunda said officers found marriage applications which were still yet to be processed, original identity documents (ID), and certified copies of IDs.Netshiunda said preliminary investigations have identified a KZN home affairs official who has been working with the suspects.He said more arrests cannot be ruled out as investigations unfold.