Scalabrini Centre in Court seeking an interdict against the Department of Home Affairs, in first step to challenging the constitutionality of the Refugee Amendment Act’s ‘deemed abandonment’ provisions.

Scalabrini’s ‘abandonment’ court case challenges constitutionality of South African refugee laws

On 28 October 2020, the Scalabrini Centre of Cape Town, represented by Norton Rose Fulbright South Africa Inc, is in the Western Cape High Court, seeking to interdict the Department of Home Affairs from implementing or operating specific provisions related to the deemed abandonment of asylum applications, which provisions were implemented with the coming into effect of the Refugees Amendment Act and Regulations from 1 January 2020.

Scalabrini Centre, in its own right as well as in the public interest, has brought a constitutional challenge against certain provisions in the Refugees Amendment Act and Refugees Regulations, which came into effect on 1 January 2020. The specific provisions being challenged are those relating to the ‘deemed abandonment’ of asylum applications simply because the asylum applicant is a month or more late in renewing their asylum document. In this challenge, Scalabrini Centre has first sought an interdict against the Department of Home Affairs, stopping the Department from implementing or applying the specific provisions. This interdict is to ensure that anyone who may have, or might still, fall foul of those provisions is protected against refoulement pending the final hearing of the main matter – the constitutional challenge of the impugned provisions.

Today, 28 October 2020, Scalabrini Centre is in court to argue why the interdict is necessary pending the finalisation of the main matter. The Department of Home Affairs has opposed the interdictory relief being sought by Scalabrini Centre. It has also opposed the constitutional challenge.

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New UK student visa option now available to South Africans

The United Kingdom (UK) government has announced a new points-based visa route to encourage international students to study and live in the UK.

South African students interested in starting the application process need to ensure they meet the basic entry requirements; this includes securing an offer from their chosen university.

 "Due to complicated and confusing visa processes, local students have often been discouraged from applying to international universities," says Rebecca Pretorius, Country Manager at global mentorship company Crimson Education.

 

"The UK's new student visa route opens up an opportunity for South Africans with dreams of studying overseas, provided they have applied to and been accepted at a UK university," she explains.

Prospective international students are required to achieve a total of 70 points to be granted a UK student visa.For 50 points, students must present proof of an unconditional offer from an approved educational institution, including a reference number from the Confirmation of Acceptance for Studies (CAS).

The course must also lead to an approved qualification, at an appropriate level of study.

For a further 10 points, students must demonstrate that they can speak, read, write and understand English to the required standard for the level, of course, they intend to study.

To secure the remaining 10 points, students must show that they can financially support themselves throughout their studies in the UK.

Students can apply via the new student visa route from October 2020, at a cost of £348 (around R7 500, depending on the current exchange rate).

The most difficult part of the process for many hopeful students will be the process of applying to international universities.

"Every country and university has its requirements, including extracurriculars, essays, admissions tests and portfolios," says Pretorius.

"Considering the complexity of the applications and competitiveness of top universities abroad, students should consider the services of an admissions company, who can assist in all areas of the candidacy building and application process," she advises.

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Coronavirus: India extends ban on international flights till year end

India is to extend the ban on scheduled international flights till the end of December, the Ministry of Home Affairs announced on Wednesday. The ban was to expire on November 30.

New ‘Guidelines for Surveillance, Containment and Caution’ against the spread of Covid-19, said "international air travel of passengers only as permitted by the Ministry of Home Affairs" will take to the skies throughout next month.

This would mean overseas repatriation flights of Indian citizens and foreign nationals in both directions and some special international flights sanctioned by the Ministry of Home Affairs. India suspended all air travel at the end of March, but domestic flights were resumed in a phased manner on May 25. Scheduled international flights have, however, remained suspended with the exception of those under "bubble arrangements," which are travel corridors negotiated with individual countries.

The new guidelines permit states to impose local restrictions as required, including night curfews to aid the fight against the pandemic. State governments will also be allowed to restrict the number of people at social events to less than 100 and impose fines on people for not wearing masks in public places.

However, total lockdowns will require consultation with and prior permission from the Ministry of Home Affairs. Nor can states seal their borders. "There shall be no restriction on inter-state and intra-state movement of persons and goods including those for cross land-border trade under treaties with neighbouring countries."

State governments have been advised to consider implementing staggered office timings in cities to prevent crowding and heavy vehicular traffic, which add to pollution. The new guidelines were issued one day after Prime Minister Narendra Modi held a virtual meeting with the Chief Ministers of states with high incidence of Covid-19

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Travel agents in Mideast, Africa say UAE is blocking visas

DUBAI, United Arab Emirates (AP) — Travel agencies in countries across the Middle East and Africa say the United Arab Emirates has temporarily halted issuing new visas to their citizens, a so-far unexplained ban on visitors amid both the coronavirus pandemic and the UAE's normalization deal with Israel.

Confusion over the UAE visa ban targeting 11 Muslim-majority nations, in addition to Lebanon and Kenya, swirled after a leaked document from Dubai’s state-owned airport free zone surfaced this week, declaring restrictions against a range of nationalities.

Emirati authorities have not acknowledged the suspension that comes as the UAE welcomes Israeli tourists for the first time in history, the coronavirus pandemic surges across the region and those searching for work in the federation of seven sheikhdoms increasingly overstay their tourist visas amid a cascade of business shutdowns and lay-offs.

Citing an order from the country’s immigration authorities, the note to companies operating in Dubai’s airport free zone announced a pause in issuing all new employment, long and short-term visit visas “until further notice” from countries including Afghanistan, Pakistan, Iran, Yemen, Syria, Libya, Iraq and Tunisia, without offering a reason. Those already holding visas would not be affected, it said.

The revelation has gripped social media feeds and news outlets worldwide, underscoring the UAE's global status as magnet for expat workers and visitors who outnumber locals nearly nine to one in the country.

When asked by The Associated Press about the order, the country's immigration department said it’s “not aware of any formal list of nationalities requiring visa suspension.” Dubai’s airport free zone confirmed the veracity of the document to the AP and said it was waiting for further clarification from officials.

Meanwhile, across the region, agencies and authorities say their citizens are forbidden from entering the UAE.

Travel agents in Pakistan said the UAE has barred single men under the age of 50 from the country, although those traveling with family can still obtain visas. Last week, Pakistan’s foreign office said it had “learnt that the UAE has temporarily suspended the issuance of new visit visas” in a move “believed to be related to the second wave of COVID-19.”

Bestways Travel company south of Islamabad was skeptical. “With such specific age and gender limits, obviously this has nothing to do with the coronavirus,” agent Jamchit Agha said. He said it was more likely tied to security concerns, or fears about young men overstaying visas to find jobs in Dubai, the region's financial hub. Dubai relies on millions of low-paid expat workers from Southeast Asia.

Several travel companies across Afghanistan also claimed the UAE had stopped issuing visas to citizens, without offering any explanation.

In Kenya, speculation has spread that the country landed on the UAE's blacklist over a spate of fake certificates showing negative results on coronavirus tests used to travel to the UAE, resulting in 21 arrests Thursday. Four travel agencies in the capital Nairobi said they were seeking clarification from Emirati authorities after dozens of tourist visas were rejected. Travel Shore Africa, one of the agencies, said 40 of its clients bound for Dubai had been blocked from boarding their flight last-minute on Thursday.

Two travel agents in Lebanon, a country that has sent legions of skilled workers to the UAE as its own economy plunged, confirmed visa applications were currently on hold except for those with a foreign passport or residency in a third country. Both companies have stopped issuing visas until they receive clear instructions.

Travel agents in Damascus have struggled over the past two weeks to understand why Syria had been removed from a list of countries eligible to apply for visas online. One agent assumed the omission was a technical glitch until a colleague told him that authorities had also stopped issuing visas to Syrians.

Iraqi Foreign Ministry spokesman Ahmed al-Sahaf said Iraq has not been officially informed of an Emirati travel ban against its citizens, but the country was aware of the reported blacklist and is following up through diplomatic channels. An employee at Dubai's budget airline, FlyDubai, in Baghdad said the company was taking far fewer visa applications, pending instructions expected next week.

Saeed Mohammed, an agent at Arabian Nights Tours in Dubai, said he frequently faces difficulties obtaining UAE entry visas for Iranians, Turkish citizens and those from Yemen's rebel-held capital due to simmering political tensions. The UAE's recent normalization deal with Israel, which now allows Israelis to visit the emirate's skyscraper-studded cities visa-free, has cast a spotlight on a changing Middle East. Gulf leaders have come to see Israel, a former enemy, as a key ally against the shared threats of Iran and the Muslim Brotherhood.

Despite long-standing visa troubles, Mohammed said he's never seen the 100% visa rejection rate of the past week, with some dozen visitor visas denied each day from Yemen, Iran, Turkey, Afghanistan and other countries.

“We can only assume that there has been some change in the law, but in reality, no one knows," he said.

Mohammad Hosseini, Iran’s Chargé d’Affaires in the UAE, wrote on Twitter Thursday that he's following up with the Emirati Foreign Ministry after hearing the visa ban applies to 13 countries “temporarily and until further notice." A travel agent in Tehran said Iranians hadn’t received visas to enter the UAE since early August.

One travel agent in Istanbul said she wasn't at all surprised by the ban, especially given the UAE's growing trend of rejecting Turkish visas over the past few months — the result of a political rivalry, not the coronavirus, she added.

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Zim, SA home affairs ministers tackle border congestion ahead of Dec 1 re-opening

Officials fear widespread chaos when smaller vehicles start arriving at the border

BULAWAYO – Home affairs minister Kazembe Kazembe met with his South African counterpart Aaron Motsoaledi in Beitbridge on Friday ahead of the re-opening of the border to normal traffic on December 1.

The border, southern Africa’s busiest port, has been closed to visitors on both side except for cargo and returning residents since both countries imposed lockdowns in March to control the spread of Covid-19.

Ahead of the Christmas and New Year’s holidays, both countries are preparing to open the border on December 1 – but immigration officials fear being overwhelmed, with virus screening measures set to extend the clearance times for both passengers and goods.

South African home affairs officials said discussions between the two men centred on resolving the current truck congestion at the border, with queues of up to 10 kilometers forming on busy days.

Officials fear widespread chaos when smaller vehicles start arriving at the border as tens of thousands of Zimbabweans return home for the holidays.

The truck congestion has been blamed on an insistence by Zimbabwean customs officials to search all haulage trucks item-by-item in a bid to tackle smuggling and increase revenue collection.

Truck drivers now spend several days in queues at the border, rendering their Covid-19 clearance certificates obtained 48-hours prior to travel – a requirement by Zimbabwe – invalid. Zimbabwe charges US$60 for a re-test on arrival

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