Asylum-seeking couple ‘not prohibited persons’ as high court vindicates them

A couple from the Democratic Republic of Congo are no longer listed as “prohibited persons” after they were victorious in their bid at the Western Cape High Court.

A couple from the Democratic Republic of Congo are no longer listed as “prohibited persons” after they were victorious in their bid at the Western Cape High Court.

The couple were accused of having obtained visas fraudulently after applying for temporary asylum seeker and work permits in 2016.

That year in April, the wife had applied for the permit which authorised her to work in South Africa. She then obtained employment and thereafter obtained a work visa through an agent recommended by work colleagues.

According to court documents, her employer at the time questioned the legitimacy of the permit as the date of issue reflected 2015 but after a verification process, the Department of Home Affairs “reported that the work visa was not issued by it and was a fraudulent document”.

With regard to the husband, he had been studying in Cape Town in 2013 when he applied for a permanent resident permit through a friend for which he had paid R13 000.

According to court documents, at no stage was the husband aware that there was anything irregular about the application. Once he obtained the permit, he travelled internationally many times without difficulty and also presented the permit without difficulty to the department when registering the birth of his daughter.

In both cases, neither of the two were afforded a hearing, notice or reasons prior to their prohibition.

This comes despite the fact that the wife was also instrumental in having an agent arrested for issuing her a fraudulent visa.

Court papers read: “On 3 November 2018, she left South Africa for the DRC where she met Mr Mosenga who assisted her in obtaining a new visa which she refers to as the 2018 visa. When she went to the airport in Lubumbashi, the officials there told her that this visa too was fake. She then filed criminal charges against Mr Mosenga. At the request of the police in Lubumbashi, she asked Mr Mosenga to meet her near the Consulate and when he did, he was arrested in her presence.”

In 2021 the husband applied to the director-general of the department to overturn his prohibition but his efforts were stubbed when his application was rejected in September 2021.

In his reasons rejecting the application, according to court records, the DG had said: “There is no evidence in your representation to prove that you were a victim of fraud. The fact that you travelled in and out of the country with your permanent residence permit uninterrupted does not exempt you from the provisions of section 48 of the Immigration Act 13 of 2002.”

Judge Yasmin Meer said: “I agree with the applicants that by not receiving notice or not being afforded an opportunity to make representations, the process by which the applicants were declared prohibited persons was unfair and unlawful, being contrary to PAJA.”

India to enact non-Muslims-only citizenship law


• a law that offers citizenship to immigrants from selected countries, as long as they are not Muslim.

• Some Indian Muslims fear the law is a precursor to denying them citizenship.

• India says Muslim immigrants don`t need protection.

India`s interior ministry said Monday it was enacting a citizenship law that critics say discriminates against Muslims, just weeks before the world`s most populous country heads into a general election.

While the law was passed in December 2019, its implementation was delayed after widespread protests and deadly violence erupted in which more than 100 people were reported to have been killed.

The law grants Indian nationality to Hindus, Parsis, Sikhs, Buddhists, Jains and Christians who entered India from Pakistan, Afghanistan and Bangladesh before December 2014 -- but not if they are Muslim.

On Monday, the Ministry of Home Affairs said the rules would now come into force.

`These rules, called the Citizenship (Amendment) Rules 2024, will enable the persons eligible... to apply for grant of Indian citizenship`, the ministry said in a statement.

Many among India`s 200 million Muslims fear the law is a precursor to a national register of citizens that could leave them stateless in the country of 1.4 billion.

Many poor Indians do not have documents to prove their nationality.

Prime Minister Narendra Modi denies this, saying that Muslims are not covered by the legislation because they do not need India`s protection.

The National Register of Citizens, a list of all legal citizens, has so far only been implemented in the state of Assam.

Besides stoking concern among Muslims, the proposed changes also sparked protests by residents unhappy about an influx of Hindus from Bangladesh.

The immigration rules do not include migrants from non-Muslim countries fleeing persecution to India, including Tamil refugees from Sri Lanka and Tibetan Buddhists fleeing China`s rule.

It also does not address Rohingya Muslim refugees from neighbouring Myanmar.

Modi`s Bharatiya Janata Party promised the law`s implementation in its 2019 election manifesto. 

India is expected to soon announce dates for the general election, likely to be held in April-May, with Modi widely favoured to win a third term in office.

Rights groups have previously condemned the law.

Human Rights Watch calls it `discriminatory` and that, for the first time in India, `religion is a basis for granting citizenship`.

Ask these vital questions before STARTING your study abroad journey.

Planning to study abroad but uncertain about the steps to take? Then ensure you answer these questions to gain clarity on the demands of your journey before you begin. In recent times, there has been a surge in the number of people who desire to go abroad first to study, and then to relocate. However, making impulsive decisions without being properly informed can be catastrophic as many have encountered different difficulties. Hence, the importance of properly planning before you begin your study abroad journey. We’ve outlined and explained a list of important questions you shouldn’t ignore before planning your study abroad journey in this article. 

Vital Questions to ask before starting your study abroad journey.

Proper planning is necessary before you begin anything at all. The same principle also applies to studying abroad. To make the process smooth and easy for you, it is pertinent that you familiarize yourself with the things to expect and make adequate preparations to avoid being frustrated. We have curated a list of questions that can help make your study abroad journey easier: 

1. What are my career and academic goals?

As an undergraduate or postgraduate student, before selecting a course, be sure to first clarify your academic and career goals. Some postgraduate students pursue their master’s degree abroad to work in that country and then settle there permanently. On the other hand, others study abroad to get the skills and then come back to their home country to implement what has been learned. As a student, it is important that you identify the course you wish to study and that your previous academic records are also valid in the pursuit of that course. It will be difficult for an arts major to pursue a course in data analytics or robotics because they do not have any prior knowledge, and this will affect their learning process. Some questions you can answer to help with with this step include:

• What is my area of interest? 

• What area do I excel most academically?

• What career path do I want to specialize in

• Where do I see myself 10 years from now concerning my career choice?

• With regards to finance, what are the highest-paid jobs currently?

• Do I have an interest in any of the jobs/skills?

• What is my motivation for choosing this course? 

2. What school/course am I picking? 

Once you have clarified your career goal, another vital question you need to ask yourself before you begin your study abroad journey is to select the right course and the right school. Selecting your most preferred course will in turn influence the school you are going to pick. Universities offer a wide range of courses, however, some courses are best studied in certain universities, while some universities do not offer certain courses. Hence the reason you ought to be intentional in your selection of your preferred course and school. At this point, you can employ the help of a study abroad counselor to take you through the process. They will work with you in finding the best option that suits you. 

3. What is my financial plan?

Additionally, there is no education without finance. If it is free, it means that someone else is paying for it. Due to the current economic situation in the world today, the cost of education has further increased and improper financial planning will affect the outcome of your goals. This is the reason why having a solid financial plan is necessary before you begin your study abroad journey. Many things will require payment like:

• Application fees

• Tuition fees

• Other mandatory school fees

• Visa fee

• Accommodation fee

• Flight ticket 

• Transportation

• Feeding

• Book fees etc. 

It’s not just enough to have some money, you need to have enough money to settle all the bills. Some of the financing options available to students who want to study abroad include; 

• Personal savings

• Student loans

• Scholarships

• Grants

• Sponsorship from family members

Draw up an estimated budget of the cost, and then source for adequate funding to help you with the process. 

4. Do I have all the required documents? 

Furthermore, an integral aspect that can slow down your study abroad journey is the availability of all the required documents. Generally, when applying for admission into schools abroad, there are requirements students have to meet. In addition to these requirements, some documents must be submitted and verified before your application will be processed. Failure to provide these documents will hinder the application process. This is why it is important to be prepared before starting the application process. The documents that will be requested fp0r varies from school to school but some of the generally acceptable documents that you should have before starting include: 

• University certificates

• Academic transcripts

• International passport

• Personal statement/Statement of purpose

• Resume/CV

• Medium of Instruction (optional)

• Letter of recommendation 

5. What are the other additional requirements? 

Apart from the generally acceptable requirements listed above, some schools and the criteria of some courses will demand additional requirements from the students. To be considered for admission, students will have to provide these documents or take these tests. Sometimes, they can be waived, but this is dependent on the selected school’s requirements. These additional requirements include:

• Language tests (IELTS, TOEFL Duolingo)

• Standardized tests (SAT, ACT, GRE, GMAT)

NOTE: For master’s students, some courses require that students have done a similar introductory course during their bachelor’s degree. If these specific courses are not outlined in the student’s transcript then the student will be unable to go ahead with the application. 

6. What does the visa application process entail? 

You certainly cannot travel to another country without a valid visa right? If you’re detected, there’s immediate punishment that comes with it. In addition to all the requirements you need to submit to your school, you also need to process your visa as it is your pass to the new country. The visa application process and requirements are dependent on the specific country you want to travel to. Generally, you can visit the country’s official immigration website to start the process or visit the nearest embassy around you to begin. 

7. What are my plans for accommodation?

It’s quite easy to focus on your admission aspect and you don’t pay enough attention to accommodation. It’s therefore important that you also make plans for your accommodation during the period you will spend studying. Generally, schools have dormitories/hostels. However, students can also rent spaces off campus. If you have relatives or friends you can put up with, it makes the whole process easy. If you’re going to be getting a personal space, it means that you will consider the cost of furnishing the place in addition to the rent you are going to pay. Whatever route you take, make sure that your accommodation is settled before you leave your home country. 

8. What safety and security measures should I take into consideration?

Every country has its unique rules and regulations. Every country also has its culture. Before traveling to a new country for education purposes, it is important to read about the country and familiarize yourself with its peculiarities. This can save you a whole lot. Also, ensure to observe all the generally acceptable security rules, like not staying out late, not getting drunk in open places, and dressing moderately without attracting unusual attention amongst others. Networking with like-minded friends who have lived in the country for a while can prove useful as they will outline the things you need to take note of. 

9. What are my adaptability and networking strategies? 

Additionally, you cannot afford to be a lone ranger in a foreign country, especially when you’re there for education. You’ll need to network and make like-minded friends. They will help make the journey easy and more fun. Once you’ve chosen your preferred course and school, it’s time to be on the lookout for friends. You can join student groups of your school online, you can reach out to immediate friends from your country who have also traveled too. Attending orientation programs and other endorsed social programs on campus is also a good way to network. Additionally, joining a curricular activity or volunteering for a course will expose you to interaction with people. However, you must ensure that your friends are trustworthy and they are also working towards the goal you have in mind. 

10. What is my plan after graduation? 

Finally, starting your study abroad journey is not enough, the goals you outlined at the beginning to influence your plans after graduation. Do you plan on staying in the country? If so, then you will have to start looking for employment opportunities. A student visa cannot qualify you to be a worker in foreign countries are there are restrictions to the number of hours you can work in a foreign country. If you desire to pursue a higher qualification, then you should start processing it before your visa expires. Consequently, if you desire to return to your home country to implement the skills you have learned, then you have to start making plans for your return journey. Outlining your goals at the beginning of your study abroad journey will make creating a continuity plan for your life easy. 

Conclusion

In conclusion, as emphasized earlier, it’s not enough to just desire to study abroad. Choosing to study abroad is not an impulsive decision that you can take, hence the importance of proper preparation.  We hope these questions guide you to make the most effective decisions that’ll be helpful to you.

Student Accommodation 101: 5 Great Tips for International Students

Africa school 10 March 2024

Student Accommodation 101: 5 Great Tips for International Students


Student accommodation is one important thing to consider while planning to study abroad. Just as it is important to focus on visa, admission, and travel expenses, ample consideration should also be given to accommodation. Accommodation availability will vary from country to country depending on your study destination, however, there are important things to note and useful tips to apply to make the journey easier. 

How to choose the right study abroad destination

Before you start thinking of and planning for accommodation, it is important to first choose a study abroad destination as this will in turn influence your accommodation choices. In some countries, the cost of living is on the high side. Additionally, the cost of living in various parts of the country will also differ and this will in turn affect the cost of accommodation. So, to properly plan for your accommodation as an aspiring international student, you must choose the right study abroad destination that fits you and your budget. Below are some tips to help you with this: 

1. Choose your desired discipline

You have to conclude on the course you want to study before going on ahead to search for the school and country you want to study at. You can choose your desired discipline based on passion, or the demand the in the labor market. This is solely dependent on your personal preferences. As a postgraduate student, you can pick a discipline that is in line with what you studied during your undergraduate years. 

2. Consider different Universities

After choosing a specific course of study, search for the various universities that offer the program you are seeking to study. To pick the best option that suits you, there are various things to consider. Some of them include:

• Curriculum and method of teaching: Check the school’s curriculum to know how robust it is and how it will help your academic and career goals. Also, consider the method of teaching before deciding on which university to choose. 

• University ranking: If prominence means a lot to you, then you can check out the university’s ranking too before making a decision. University ranking sites like the QS world ranking can help with this. 

• Affordability: As you check out the universities, also consider the school fees as this plays a huge role in your choice. Ask yourself questions like can I afford it? How much will it cost me? How will I be able to fund it? Etc. 

3. Consider the availability of Scholarships

Many international students look out for scholarship opportunities to help with the cost of studying abroad. Before choosing your study abroad destination, look out for the availability of scholarships as they influence your choice and reduce cost. 

4. Get the opinion of others

Before making a major decision like this, it is important to get the opinion of other people who have studied at the university you look forward to studying in. This will help you mentally prepare for what to look forward to. It will also help you in other aspects like budgeting, necessary documents to have, etc. 

5 great tips for choosing the right accommodation for international students 

Below are some helpful tips that will come in handy when choosing the right accommodation for international students: 

1. Book early

It is important to start the search for suitable accommodation abroad as early as possible. While it is possible to apply for university-owned accommodation, you can also look for private accommodation options depending on your preference. Searching early means that you have access to different options to choose from. Additionally, if you plan to pair with other people, you may find better deals that will be more suitable. As soon as you get your offer letter which signifies that you have been accepted into a university, start looking for accommodation immediately. This will help you save cost, it will open you up to more options, and will give you ample time to plan for it. 

Moreover, there are different types of student accommodation and they include: 

• On-campus accommodation: This refers to the accommodation provided by the institution. When it comes to cost, they may seem less cheap but when it comes to comfortability, privacy, and luxury, they may not rank well. However, going for this accommodation gives to the advantage of meeting lots of people, learning from them and making new friends. It typically lasts for one academic year which means students will have to book again the following year. 

• Private residences: Private residences have more flexibility in the sense that occupants get to choose the location and the room type. It is also not limited to students only. You can share the building with other categories of people like professionals. This type of accommodation is situated off-campus. 

• Purpose-built student accommodation (PBSA): This type of part is also flexible in the sense that students can choose their room types and the duration they want to rent it for. PBSAs are large apartment facilities that are specifically built for students. 

2. Consider Location

Before settling for any accommodation, it is equally important you consider location. It is advisable to get accommodation that is within the same area as the school you are studying at. Also, there are important questions you need to ask yourself before settling for a particular location. These questions include:

• How close is it to your school?

• How accessible is the location?

• How close is it to important areas like shopping malls, the hospital, markets, etc.?

• How safe is it?

• How close is it to public transport like bus stops, or train stations?

• If I am running late, can I walk or cycle to my university?

• Do other students also live here?

These questions and more are some of the things you need to consider when deciding on the location for your accommodation. 

3. Entertain Feedback and Opinions

While searching for accommodation as an international student, it is important you equally get the opinions and suggestions of other people, especially those who have gone ahead of you. Joining social media groups like Facebook, WhatsApp, and Telegram groups can also be helpful. People share opportunities that you might find helpful and useful. You can ask questions and get answers from people who have gone through the same process as you have. 

As an international student seeking to study abroad, you mustn’t do this in isolation. Network and connect with other people, you might even get people to pair with which will in turn reduce the cost for you. Additionally, your university will most likely have a social media group, Facebook or any other one. Leverage it and use it to get the necessary information you need. 

4. Checkout the accommodation 

Before making payment, it is important to check out the accommodation before proceeding to pay for it. If it will be impossible to check it out physically in person, have them send you pictures and videos of the place so that you can get a visual description of what the accommodation looks like. You can opt for the virtual tour option if you will not be present physically. 

Additionally, take note of what is present and what is missing as this will help in your budgeting. Ask yourself questions like:

• Does it have a bed?

• Do I need to get a bookshelf?

• Do I need a desk and a chair?

• Is the lightning okay?

• How is the water supply?

• Do I need to get my curtains?

Take note of the things missing in the apartment and make plans on how to get them. 

5. Get a contact

 Before settling for accommodation as an international student, you must find out who the contact person is. Save their name and phone number and get in touch when necessary. You can also ask the person practical questions about the accommodation. Having a contact person is very important so that in the case of emergencies, you will not be stranded. Additionally, it is important to know the terms of your contract, the rules, and the regulations before finalizing the deal. It is also useful to know your rights so that you will not be taken advantage of. Know important details like:

• Do you pay in full or can you split payment?

• Do you need a guarantor?

• What happens if there are travel restrictions?

• How long will the accommodation last?

• Can you have a roommate?

Get to know all of these things before finalizing the agreement as it will save you a lot of stress. 

Budgeting for student accommodation 

As stated at the beginning of this article, it is important to properly budget for your student accommodation and make plans on how to sustain it so that you do not get stranded. When it comes to budgeting, some necessary factors to consider include:

1. Cost of living: Research and find out the cost of living around the area of your school and your home. It will help you properly plan. You can do this by asking questions from other students who are staying in the same area and going to the same school.

2. Funding: Who is funding your studies? Are you taking a student loan? Are you a scholarship or grant recipient? Are your parents/relatives your sponsors? If you have family sponsoring you, it will be easy to factor in the cost of accommodation. But if you are on a student loan and your loan only covers tuition, you have to look for a means to sponsor fund your accommodation. 

3. Discount opportunities: In other to save money as a student, you can jump on discount opportunities. Splitting your rent with a roommate will be helpful. Additionally, getting discounted products will also reduce the amount you will spend and allow you to save more. 

4. Get a job: Getting a job can make budgeting for your student accommodation easier. This is because you get paid, and you can use the money to pay your bills if you are the sole sponsor of your education.

However, it is important and advisable to spend wisely only on important things while you save/invest more. 

Safety and Security Measures for International Students 

As an international student living in another country, you must stay safe and adhere to all the rules at all times so that you do not get into trouble. Below are some tips that can help you:

1. Ensure that you are alert at all times and you know what is going on around you. If you feel uneasy and uncomfortable at any point, leave the location immediately.

2. Keep important things like valuable and important documents safe. It can be risky to look too flashy in an unknown place. Try as much as possible to blend in with the indigenes. 

3. Learn about the country, language, and way of life of the people before you eventually travel there. Know the surroundings, get familiar with the climate, know how the system works, and what is required of you. This information will come from the study abroad office but you can equally ask past students to prepare your mind ahead of time. 

4. Don’t forget to keep in contact with people. This is why it is important to make friends early. If you are staying with a family or a roommate, let them know where you are going. Update them on your location at all times, and do not go to unfamiliar places without proper directions. 

Conclusion

In conclusion, the thought of studying abroad sounds exciting to international students. While it has its advantages, it should be noted that things will not just go smoothly as intentional effort needs to go into planning properly so that you can have the best experience.

Determined Home Affairs minister drags ZEP battle to Constitutional Court


Minister of Home Affairs Aaron Motsoaledi has turned to the Constitutional Court in his bid to appeal against a Pretoria High Court judgment that found the process he used to end the Zimbabwean Exemption Permit programme was neither fair nor lawful. 
The high court ruled against the minister and he failed in his appeal to the Supreme Court of Appeal. 
Home Affairs Minister Aaron Motsoaledi is continuing with his court battles to scrap the Zimbabwean Exemption Permit (ZEP) programme.
In June 2023, the Pretoria high court ruled that the termination of the ZEP had been unlawful and unconstitutional.
 The Supreme Court of Appeal then dismissed his appeal on the grounds that it had no prospects of success, but now the Minister has turned to the Constitutional Court, essentially on the same grounds, asking that it adjudicate over the issue.
In the application lodged in the apex court, Home Affairs director-general Livhuwani Tommy Makhode, who is the second applicant after the minister, wants leave to appeal against the whole June 2023 judgment of the Pretoria high court, which ordered the minister to reconsider the termination of the programme and follow a fair, lawful and consultative process.
The Pretoria high court then refused to grant leave to appeal.
Makhode submits the court erred by disregarding his affidavit as “impermissible hearsay” because it was not deposed to by the minister. Yet the court had not made such a finding in its main judgment.
“The ineluctable conclusion is that, although it did not expressly say so in the main judgment, it had disregarded the affidavit,” he said.
Makhode further contends that other grounds not considered by the Pretoria court, which had been “squarely raised”, were the separation of powers doctrine.
The court had got the notion of public participation wrong.
He said the Pretoria court had incorrectly agreed with the Helen Suzman Foundation that the minister ought to have consulted before the decision to terminate the programme was taken.
“Even if audi [hearing the other side] was a mandatory requirement, in this instance I am advised and submit that the full court erred and ought to have found that the representations considered after the decision were sufficient to render it both procedurally fair and lawful.
“The fact remains that the ZEP holders were all allowed to be heard, albeit after the decision was taken.”
Regarding the finding by the court that the minister had failed to consider the impact of the decision on the rights of ZEP holders and their children, Makhode said this was an error and would mean that the status of the permit holders could never be revoked or withdrawn in terms of the Immigration Act.
“The director-general states under oath that such rights were considered. Rights of children cannot (due to the nature of the decision) trump all other fundamental rights.”
He said the court should have found that the minister had discharged the onus to justify the limitation of ZEP holders’ rights. The minister had pleaded that conditions in Zimbabwe had improved to the extent that they could now return home.
Makhode submitted the issue was still a “live controversy” and the department was currently constrained from taking any action against those ZEP holders whose applications for renewal or extension have been unsuccessful.
“To date approximately 78,126 [of a total of 178,000 ZEP holders] have already applied for waivers and 10,427 have applied for other visas. The validity of their exemption permits has been duly extended; however, if their applications are unsuccessful, the order of the high court prevents the minister from exercising powers conferred upon him by the Act.”
He said given the complexity, and constitutional matters raised by the appeal, and the public interest, leave to appeal should be granted.
The Helen Suzman Foundation and others are expected to oppose the application. They have until March 15 to file papers.