• Previously deported and not rehabilitated by the Department of Home Affairs;
• Who is or has been a member of an organization advocating the practice of racial hatred, social violence, or which utilizes crime or terrorism to pursue its ends;
• Found in possession of a fraudulent visa, passport, permanent residence permit or identification document.
Prohibited persons do not have to be “declared” as such. Often a foreigner finds that he or she simply cannot re-enter South Africa at a land border, or at a foreign port of embarkation. The reason for such restriction of entry could be that the foreigner’s identity details have been placed on the so-called “V-List” (“Visa Restricted” List) of the Department of Home Affairs.
What may also occur is that the foreigner has applied, within South Africa, for a temporary residence visa or a permanent residence permit and such application may be rejected because the DHA is of the view that a specific document or visa submitted by the applicant in his or her application, or in any past application, is “fraudulent” or has failed to be verified by the DHA.
The DHA may reject a visa or permit application on the basis of the applicant’s foreign or South African police record. Frequently while the applicant has never been convicted of the offences identified for prohibition purposes, the DHA may proceed to V-List such individual merely on the basis of its view that an ordinary “drunken-driving” conviction may render the applicant a person “not of good and sound character”. V-listing does occur on the basis of bureaucratic error.
The only remedy for a prohibited person is to apply to the Director-General of the DHA to declare him or her to be a “non-prohibited” person. Even though the Immigration Act merely requires a demonstration of “good cause” to have the DG lift the prohibition and remove his or her details from the V-List, DHA policy demands far more than “good cause” to lift the prohibition. Some of these applications are complex and technical and professional expertise is often well advised.
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