Clients are experiencing a surge in seemingly arbitrary rejections from the Department of Home Affairs via VFS Global, primarily due to a combination of systemic issues and a significant backlog in processing applications. Here are the main reasons for these rejections:
1. High Rejection Rates
Recent reports indicate that rejection rates for visa applications have soared, with some immigration firms noting that 70-80% of outcomes are negative. This alarming trend appears to be part of an effort by the Department of Home Affairs to manage an overwhelming backlog of applications, which has been exacerbated by the COVID-19 pandemic
2. Arbitrary Rejection Reasons
Many rejections are based on seemingly trivial or nonsensical reasons. For instance, one reported case involved a rejection because a doctor did not answer the phone to confirm a medical certificate. Such inconsistencies suggest a lack of coherent criteria for decision-making within the department
Further to meet the deadline for backlog project many inexperienced , poorly trained immigration officers of senior level with no adjudication experience were seconded to backlog project given extremely limited training which explains why some of these rejections that don’t make sense are coming through .
Additionally, some applicants have faced rejections due to expired memberships in professional bodies, despite having valid documentation at the time of application, highlighting issues with processing delays
3. Pressure to Meet Processing Targets
Department officials have indicated that there is pressure to adjudicate a specific number of applications daily (around 20), leading to a strategy where applications are rejected to meet these targets rather than being thoroughly evaluated. This approach has resulted in many justified applications being incorrectly denied, thereby inflating rejection statistics without resolving underlying issues
4. Backlog and Processing Delays
The backlog created during the pandemic has led to extended waiting times for applicants, with appeals taking several months to process. This situation is compounded by the department's decision to reject applications as a means of clearing backlogs, which only results in further delays as justified appeals flood in.
5. Lack of Clear Communication
Many applicants report receiving vague or no explanations for their rejections, which complicates the appeal process. The Department is required to provide written reasons for any rejection, but this is often not adhered to, leaving applicants uncertain about how to address the issues raised
In summary, the combination of high rejection rates, arbitrary reasoning behind decisions, pressure on staff to meet processing targets, ongoing backlogs, and poor communication contributes significantly to the frustrations faced by clients dealing with the Department of Home Affairs through VFS Global creating further bottlenecks at VFS offices as appeals have a limited period of time , 10 days to be submitted
Diaspora remittances by Kenyans living and working in South Africa have posted a recovery after years of subdued performance in the post-pandemic period largely on difficulties in getting work permits for skilled workers despite a visa-free deal between the two countries.Yes, the amount of money sent home by Kenyans in South Africa has increased despite difficulties with work permits: Remittances are up In the first nine months of 2024, Kenyans living and working in South Africa sent home $18.28 million, a 127.5% increase from the same period in 2023. Remittances are a significant contribution Remittances can be a major source of income for a country`s GDP. They can also help developing countries in times of need. Remittances are used for many purposes Remittances are used for a variety of purposes, including food, clothing, rent, education, and investment. Remittances from within Africa are used for construction and education Households that receive remittances from within Africa are more likely to use the money for construction, education, and food. Remittances from outside of Africa are used for investment Households that receive remittances from outside of Africa are more likely to use the money for investment. Kenyan Diaspora Remittances Help Kenya`s EconomyRemittances can be considered a significant contribution to a country`s GDP. This external financial source can help bail out
The Department of Home Affairs (DHA) Counter Corruption and Security Services branch has busted various individuals, including the kingpin of a syndicate that helped businesses bring in illegal foreign nationals on forged documents.Thirty-four individuals have been dismissed from the department, of which 13 have been sentenced. Depending on their level of involvement, those convicted face jail time ranging from four to 26 years.This was revealed in the DHA Counter Corruption and Security Services branchs presentation to the Portfolio Committee of Home Affairs on Tuesday, 29 October 2024.The branch said it employed a multi-disciplinary approach to catch those involved in the syndicate after a whistle-blower informed it about foreign nationals getting South African passports through photo swap fraud.Photo swap happened whereby a South African identity holder colluded with a foreign national and DHA official; both will visit Home Affairs to apply for a South African passport, it explained.During the process, the corrupt official will capture the photo of the foreigner so that the passport is issued bearing the picture of the foreigner with the details of the South African citizen.The whistle-blower claimed that the kingpin colluded with DHA officials to access Home Affairs offices after hours, and they were in contact with officials who could access DHA systems during the day.He would travel to different Home Affairs Offices to be assisted with the photo swap accompanied by Home Affairs Officials, the DHA said.Offices targeted included several DHA branches in Limpopo, Gauteng, the Eastern Cape, KwaZulu-Natal, and the Western Cape. One branch in each Mpumalanga and the Free State was also targeted.The DHA provided a list of 34 DHA officials dismissed due to the operation, along with the DHA office at which they worked and their convictions.The DHA couldnt dismiss the kingpin, as he is a member of the public and not a DHA official, but he was handed an 18-year prison sentence. Twelve other individuals involved will also serve jail time.The remaining 20 officials were all dismissed and are still awaiting trial, along with another member of the public, arrested in Whiteriver, Mpumalanga.The DHA added that other matters are still under investigation with the Hawks and that more arrests are imminent.One of the slides in the presentation highlighted a trend surrounding document applications coming out of Derrick Avenue in Johannesburg, where numerous applications were submitted with addresses with no buildings.It has a number of properties that were demolished in 2013. All of these applications were from 2014 onwards, and the problem is there is no building there where these people say they were staying,Theres also 75 addresses theyve used that never existed. They dont exist at all. So, in this particular space, what we are going to recommend is that the applicants, once traced, be deported.Between 2014 and 2024, 511 applications were submitted with numerous pieces of common supporting information, claiming the applicant stayed at one of these addresses on Derrick Avenue. Home Affairs crackdown continues In mid-October 2024, DHA Minister Leon Schreiber announced that his department finalised 31 disciplinary cases within its ranks between July and September 2024, some of which resulted in criminal prosecution and dismissal.The minister said the crackdown reflects his departments commitment to eradicating maladministration.We have zero tolerance for unethical conduct or corruption, said Schreiber.As our accelerated action against errant conduct demonstrates, officials who fail to heed this message will soon find themselves out of Home Affairs and on their way to prison.He highlighted two individuals cases, both still awaiting trial.One was dismissed from the DHA in 2023 for manipulating its systems to facilitate immigration for foreign nationals fraudulently.The other worked as a Border Management Authority official and was arrested for allegedly trying to smuggle foreign nationals across the border in Beitbridge.
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.