Home Affairs is working with the UN to clear refugee applications backlog - Motsoaledi

Home Affairs is working with the UN to clear refugee applications backlog - Motsoaledi

IOL – 22-09-2022

Pretoria - Home Affairs Minister Aaron Motsoaledi told the portfolio committee on Tuesday that the country's refugee and asylum-seeker system needed a complete overhaul as it failed to provide permits based on economic reasons.

Motsoaledi was presenting progress made in addressing the backlog of more than 130 000 appeals against the refusal of refugee permits, which was the major cause of backlogs.

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He said most appeals were from those who fled their countries due to economic collapse.

Speaking to eNCA, Motsoaledi said the department is working with the United Nations high commissioner for refugees to fix the backlog.

“There has been a large number of people who rushed to South Africa after the world economic collapse, especially the collapse of the economy in Zimbabwe in 2008. By 2009 many people came to South Africa.

“Many did not qualify for asylum, they were rejected by the refugee status determination officers and appealed.

“So the appeal process created a backlog and we are working with the United Nations to clear that backlog,” Motsoaledi rold eNCA.

Motsoaledi added that the UN has donated funds in order to hire more experienced staff to assist with the backlog.

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“The UN gave us R143m over a period of four years to hire more people. Now with this money, we will be able to hire 36 members who are all lawyers to help clear the backlog.”

On the issue of foreigners burdening the country’s health system, Motsoaledi said he doesn’t want to defend anybody, however, he indicated that figures and numbers don't lie.

“Just go to the hospitals and check… It’s not a matter of who says this, who says that, go to the hospitals and ask for statistics and check, that’s where you’ll get your answer.”

www.samigration.com

 

 


Immigrants less likely to commit crime, more likely to create jobs for South Africans, report finds

Immigrants less likely to commit crime, more likely to create jobs for South Africans, report finds

News 24 – 16  September 2022

  • A report has found that immigrants are less likely to commit crimes than South Africans.
  • Making up only 6.5% of the population, it is impossible for immigrants to be straining government services such as healthcare, the report has found.
  • It has cautioned that anti-foreigner sentiment appears to be growing in South Africa.

Immigrants are less likely to commit crimes than South Africans, the Institute for Security Studies (ISS) has found in a report.

The new report explored the claims fuelling anti-foreigner sentiment, which has seen immigrants blamed for a range of social and economic problems in South Africa and reinforces xenophobic sentiment.

The ISS report found that the immigrant population is much smaller than commonly believed and does not place a burden on government services such as healthcare and education. In addition, the report found that instead of taking jobs from South Africans, as is widely believed, immigrants are more likely to create jobs.

"South African socio-economic problems are not caused by immigrants, but by poor governance and corruption. Many politicians, public officials, and other high-profile people regularly make anti-immigrant statements that fuel xenophobia. The number of migrants in South Africa is grossly exaggerated," the ISS report found.

Since 1994, anti-foreigner sentiment has been growing in South Africa, and 936 violent xenophobic incidents have been recorded, according to the report. The attacks killed 630 people, displaced 123 000, and saw 4 800 shops looted.

The report read: 

During 2019, statements that fuelled xenophobic sentiment were made by a number of politicians from mainstream political parties while campaigning for the national and provincial elections held that year.

"In 2020, various community-based groups started to mobilise around an anti-immigrant agenda. These include Operation Dudula, which started in Soweto and has since opened branches across the country, and the unrelated Dudula Movement, based in the Johannesburg township of Alexandra."

Both groups blame immigrants for a range of socio-economic challenges, including high levels of crime and unemployment.

Limpopo Health MEC Phophi Ramathuba recently sparked a storm of controversy after the emergence of a video showing her telling a woman that migrants from Zimbabwe were a "huge strain" on the provincial healthcare system.

Similar sentiments were expressed by Patriotic Alliance leader Gayton McKenzie.

The South African Social Attitudes Survey (SASAS) for 2021 found that almost half of the population believed there were between 17 and 40 million immigrants in the country.

However, there were less than four million immigrants in the country, which made up 6.5% of the population. This percentage was in line with international norms.

The report found that this population group also positively contributed to the country. They had a positive impact on the government's fiscus because they generally paid income and value-added taxes, the report found, and contributed about 9% to the GDP.

In addition, there was no evidence to suggest that immigrants took employment opportunities away from South African workers.

"Rather, there is evidence that the opposite is true – that immigrants often create employment for South Africans," the report found.

Immigrants were generally more likely to be self-employed, and each immigrant generated around two jobs for locals, according to a World Bank study. Immigrants also make up only 5% of the labour market, according to Statistics South Africa data. Around a third of immigrants were employed in the informal sector.

Limpopo Health MEC Phophi Ramathuba has sparked a storm of controversy after the emergence of a video showing her telling a woman that migrants from Zimbabwe were a "huge strain" on the provincial healthcare system.

Another common rhetoric around immigrants is that they contribute to crime in South Africa. However, the report found that immigrants were less likely to commit crimes than South Africans.

According to the Human Sciences Research Council's (HSRC) SASAS data, two-thirds of South Africans believed that immigrants increased crime.

"There is no statistical relationship between international migration in South Africa and crime. There is also no evidence that most immigrants commit crimes or are responsible for most crimes in the country," the report found.

Based on data provided by the Department of Justice and Correctional Services, immigrants made up only 8.5% of convicted cases in 2019, and 7% in 2020.

Only about 2% of inmates incarcerated per year are undocumented foreigners. The report found that immigrants were less likely than South Africans to be convicted of serious crimes such as murder and rape, yet they were disproportionately targeted in police operations and caught for minor crimes such as drug possession or use.

The report also tackled the assertions that immigrants were a burden on government services.

The report found:

Immigrants account for about 6.5% of the population. It is thus statistically impossible for immigrants to be responsible for the healthcare system's failings. Continued claims of 'hordes' of immigrants flooding South Africa's public healthcare facilities dominate the national discourse and promote 'medical xenophobia'. However, in the short run, immigrants tend to be healthier than locals

It also found that although the blame for overpopulated and overwhelmed schools was incorrectly placed on immigrant children, it should rather be assigned to "the poorly managed education department".

"While politicians often publicly denounce and condemn violence against immigrants and prefer to link it to criminality, not xenophobia, there are no effective mechanisms in place to address it.

"This lack of political will to address the scourge is most likely because it is easier to blame others for governance failures," the report said.

www.samigration.com

 


SA keeps the brakes on foreign visa applications

SA keeps the brakes on foreign visa applications

16 September 2022 – Business Day

Billions in foreign investment are at risk as processes in home affairs remain stalled

While long overdue, the current efforts to tackle corruption and shortcomings in the department of home affairs are welcome. But as the cleanup is carried out processes within the department remain stalled, affecting thousands of people and putting foreign investment at risk, among other negative fallout.

Former director-general of home affairs Mavuso Msimang has been deployed to help deal with issues and review processes in the department, a mammoth task. This is expected to be backed soon by a multidisciplinary team to investigate anomalies in issuing permits and visas issued since 2014.

People around the world who have suffered the effects of delays and irregularities now have the hope of resolution of their applications and appeals — eventually. But with years in backlogs and a limited staff in place to work through them, lives continue to be disrupted by these delays and foreign investment remains in jeopardy.

In our experience, civic services are working smoothly, with SA passport applications being processed within two to four weeks, but few if any temporary residence and permanent residence visa and/or applications for foreigners. To want to “clean house” and put the right people in place imply that home affairs issues are being taken seriously, but at the same time the department continues to make it virtually impossible for foreigners to invest, work, live and study in SA.

Scores of investors and wealthy applicants who are ready and able to pay the R120,000 net worth fee for SA permanent residence permits are being ignored and rejected for no valid reason. Wealthy foreigners wanting to retire and spend their fortunes in SA are being turned away. As we have noted previously, adjudication needs to be done consistently, fairly, and in line with the relevant laws.

Behind the delays

With applicants waiting up to three years for adjudication, patience has worn thin. The suspension of most services during the pandemic stalled the applications of thousands of people. Since March 2021 temporary residence visa applications regardless of categories could take 10 to 12 months to process, and while it seems that the department is dealing with the backlogs, they are so significant that many temporary residence visa applications remain pending a year later.

A blanket waiver issued in December last year and a number of times since then may have been intended to handle the problem, but it doesn’t solve the challenge faced by people from visa-restricted countries such as India, Iran or Lithuania. While these people may use the waiver to leave SA without being banned, once they are in their countries of origin they cannot return without a visa. And these can take longer than a year to obtain.

Anyone applying for a visa at a foreign mission faces inconsistent treatment and lengthy delays — even a 90-day visa, which used to take five days, now takes up to nine months to issue. The personnel posted at foreign SA missions are not well trained, nor particularly friendly to foreigners, and are not particularly efficient in their relations with management at the department’s head office in Pretoria. Often one finds glaring gaps of information and knowledge between foreign missions and the department’s head office, giving rise to all kinds of anomalies, substantive mistakes and delays as a consequence. 

The centralisation of adjudication of long-term visa applications, now reversed following a flurry of complaints, worsened the delays. Centralising adjudication to Pretoria at the beginning of the year meant further frustration and delays for foreign applicants, some of whom have been waiting for up to three years for visas and/or permits based on skills, net worth or retirement.

In addition, about 250,000 Zimbabweans working in SA — and their employers — face an uncertain future over contradictory statements around Zimbabwe exit permits. The Helen Suzman Foundation recently noted that the director-general’s position demonstrated there was no genuine intention to give individual exemptions.

Meanwhile, foreign businesspeople have warned that they could reassess or move their investments in SA to other African countries where it is easier to do business. One multimillionaire in Germany who applied for permanent residence in 2016 based on net worth recently had his application rejected on grounds related to an entirely different applicant. Inconsistent and flawed outcomes continue to result in appeals and court cases — in our practice we have close to 30 high court cases in 2022 alone.  

In an interview recently French Trade Advisors in SA chair Jean Claude Lasserre noted that despite promises by the authorities to support international investments in SA, delays issuing working visas were preventing skilled international managers, engineers and other employees from running French investments in SA. He said more than 300 French companies, employing more than 65,000 direct employees, were already present in the country, and French businesses had committed to invest a further R50bn in SA during a recent investment conference.

Lasserre has urged action on new intracompany and critical skills work visas for international staff, their families and all professors of the French School, and the renewal of working visas for existing top managers and experts driving French companies in SA.

The old saying “the more things change, the more they stay the same” appears to apply here. While efforts are clearly being made to clean up home affairs, in practice the department’s processes remain fraught with the same delays and inconsistencies people have complained about for years

www.samigration.com

 

 


Migrant religious workers will no longer get work permits, permanent residency

Migrant religious workers will no longer get work permits, permanent residency

EWN – 16 September 2022

Home Affairs Minister Aaron Motsoaledi made the announcement before Parliament’s portfolio committee on Tuesday while giving an update on the Bushiri investigation.

CAPE TOWN - The Home Affairs Department has announced that it will be clamping down on foreign religious workers who are looking to work in South Africa.

Malawian evangelist Shepherd Bushiri escaped in 2020 while facing money laundering charges.

Home Affairs Minister Aaron Motsoaledi has said that foreign national religious workers will no longer be eligible for work permits, or permanent residency, in the country.

Motsoaledi was before Parliament’s portfolio committee on Tuesday for an update on the Bushiri investigation.

A chief director has been dismissed, and four junior officials are still facing disciplinary proceedings, for illegally granting Bushiri a residency permit.

Motsoaledi said there’s no doubt Bushiri and his wife skipped the country while they were out on bail. “I want to confirm that on our movement control system, we do not see any record of the Bushiris leaving, which means they left the country illegally,” he said.

Motsoaledi said an investigation was also under way to determine how another evangelist, Nigerian Timothy Omotoso, had acquired South African residency.

Omotoso is currently facing a raft of rape and human trafficking charges in the Eastern Cape.

“We are saying they must come only as visitors, but as visitors who can perform work. This change means there’s no avenue available for these religious workers to migrate to permanent residence status,” said Motsoaledi.

Motsoaledi said the Hawks would not reveal to him how Bushiri dodged immigration to return to Malawi.

www.samigration.com

 

 

 


A foreign couple worth R49 million can finally retire in SA – despite home affairs and FNB

A foreign couple worth R49 million can finally retire in SA – despite home affairs and FNB

Business Insider SA – 16 September 2022

  • theory, South Africa welcomes foreigners worth at least R12 million who want to settle locally.
  • A couple in their seventies from Singapore – worth R49 million – found it a little hard to take advantage of that welcome.
  • First National Bank said, incorrectly, that they had submitted a fraudulent account statement.
  • Even after that mistake was corrected, the department of home affairs refused to grant them residency, up to fighting them in court.
  • The DHA has now been ordered to issue their permits, and cover their legal costs.

A wealthy couple from Singapore should finally receive permanent residency in South Africa towards the end of this month, after a three-and-a-half-year fight to take advantage of immigration provisions designed to attract wealthy people and their money.

And the department of home affairs (DHA) will have to settle their legal bill.

On Friday, the Western Cape High Court gave the director-general of home affairs and its minister 20 days to issue residence permits to Yew Teck Ling and See Hie Chua, a married couple of Singaporean nationals in their early 70s.

They have a net worth of at least R49 million, well above the threshold of R12 million used in South Africa to determine if people are rich enough for special treatment.

But that made no difference when things went horribly wrong after they submitted their application for permanent residency in January 2019.

The couple submitted nine statements from three different banks, to show how much cash they had. As would emerge later, the DHA took almost exactly two years to ask one of those banks, First National Bank, to verify some of those statements. FNB's specialist bank statement verification unit immediately came back with an answer: at least one statement "appears to be fraudulent as the transactions reflected thereon does [sic] not correspond with the transactions on the Bank's systems."

It took another eight months, to September 2021, for DHA to convey that news to the couple, telling them that their attempt at fraud makes them people "not of good and sound character", and so not welcome in South Africa. 

DHA did not tell them which bank statement had been deemed a fake, not when they asked in October, not when they asked in November, and not when they asked in December.

Only this year, in the face of legal action, did their lawyers first obtain the record of the decision, and then an admission that crying fraud had been "an error".

Armed with that, their lawyers went back to home affairs in May, to suggest that it stop fighting their court application for their permits.

DHA refused. The couple, it said, had now overstayed their previous permits. They would first have to fill out the correct forms to explain why they had not renewed their temporary visas. Having so sought to legalise their stay, they could either apply for permanent residency again from scratch, or could try for an appeal against the previous decision, having first asked for condonation for filing that appeal late.

Either way, they would not get "the opportunity to submit the correct and verified bank statements with proof thereof."

This, the DHA's lawyers told their lawyers, would be a "practical and pragmatic solution going forward."

In fact, there was absolutely no other way to deal with the case, home affairs director general Livhuwani Makhode told the court. His decision to deny the application had been correct, he said; the fact that he had done so based on a mistake by someone else made his call neither wrong nor unreasonable.

And now, Makhode said, it was utterly impossible to reconsider the matter. As the file on the application had been closed, any further action on it – such as correcting FNB's mistake – would undermine departmental procedure from which there can be no deviation.

He did not say how exactly the couple could reapply in the face of an uncorrected finding that they had committed fraud, nor how long their new application might take.

But considering South Africa's approach to attracting rich foreigners – at least in theory – there is no reason to put the couple through the uncertainty of another application, ruled judge Judith Cloete. Instead, DHA should simply issue their permits.

And, so as to not "make a mockery of their duty to be accountable", the home affairs DG and minister can pay their legal costs too, in their official capacities. 

www.samigration.com