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Here is a detailed explanation of what it means to be a prohibited person, the steps you can take to return, and possible legal remedies. 1. What is a Prohibited Person? A prohibited person is someone who is not allowed to enter or remain in South Africa due to specific legal reasons. This status is defined under Section 29 of the Immigration Act, 2002 (Act No. 13 of 2002). Being declared a prohibited person is more serious than being an "undesirable person," as it usually involves long-term or permanent bans. 2. Reasons Why Someone Can Be Declared a Prohibited Person According to Section 29(1) of the Immigration Act, you may be declared a prohibited person if you fall under any of the following categories: a) Having a Serious Criminal Record • If you have been convicted of serious crimes (such as murder, drug trafficking, rape, human trafficking, terrorism, or fraud), you can be prohibited from entering South Africa. • Even if you have served your sentence, the DHA can still enforce a permanent ban. • Crimes that involve national security are especially problematic. b) Being Identified as a National Security Threat • If the State Security Agency (SSA) or any intelligence agency has flagged you as a threat to national security, you may be declared a prohibited person. • This includes suspected involvement in terrorism, espionage, or organized crime. c) Being Infected with a Contagious Disease • If you are infected with a communicable disease that is considered a public health risk, you may be prohibited from entering South Africa. • Examples include Ebola, drug-resistant tuberculosis (TB), or other high-risk diseases. • Exception: If you can prove that you will receive medical treatment in South Africa and will not pose a public health threat, the prohibition may be reconsidered. d) Being a Member of an Organization Associated with War Crimes or Human Rights Violations • If you were part of an organization that committed war crimes, genocide, crimes against humanity, or apartheid-related crimes, you may be permanently banned. • This includes individuals associated with dictatorial regimes, extremist groups, or paramilitary organizations. e) Using Fraudulent Documents or Misrepresenting Facts • If you used fake passports, visas, identity documents, or provided false information in a visa or permanent residency application, you can be banned. • This includes fake marriages for visa purposes. 3. Can a Prohibited Person Ever Come Back to South Africa? Yes, but only under certain conditions. If you have been declared a prohibited person, there are three possible ways to try and overturn the prohibition: Option 1: Apply for a Waiver (Exemption) • Legal Basis: Section 29(2) of the Immigration Act allows the Minister of Home Affairs to grant an exemption to a prohibited person. • This is not automatic and requires a formal application. • A waiver is granted only in exceptional circumstances, such as: o Strong humanitarian reasons (e.g., reuniting with family, urgent medical treatment). o Evidence that the reason for prohibition no longer applies. o If the ban was issued in error. Option 2: Appeal the Prohibition Decision • If you believe the prohibition was unfair or a mistake, you can appeal to the Director-General of Home Affairs. • You must submit evidence proving why you should not be classified as a prohibited person. • If the DHA rejects your appeal, you can take the case to the High Court. Option 3: Apply for Rehabilitation (For Criminal Records) • If your prohibition is due to a criminal conviction, you may be eligible for rehabilitation. • To qualify, you must: o Complete your prison sentence (if applicable). o Wait at least 10 years from the date of conviction. o Show proof that you have been reformed and no longer pose a threat. o Obtain a police clearance certificate from your home country showing no new offenses. o Provide supporting documents (e.g., proof of employment, community work, testimonials). 4. What is the Process to Request a Waiver or Appeal? If you want to overturn your prohibited status, you must follow these steps: Step 1: Gather Supporting Documents Prepare documents that support your application, such as: ✅ A formal letter explaining why you should be allowed to return. ✅ A police clearance certificate (if applicable). ✅ Medical records (if the prohibition was due to health reasons). ✅ Proof of rehabilitation (if prohibited due to a criminal record). ✅ Supporting affidavits from family members or employers in South Africa. Step 2: Submit an Application for a Waiver • Submit your request to the Minister of Home Affairs. • The application should be addressed to: Department of Home Affairs, Waivers Section, Pretoria, South Africa. • Processing times vary, but it can take several months. Step 3: Follow Up • The DHA may ask for additional documents or interviews. • If approved, you will receive written confirmation lifting the prohibition. Step 4: If Denied, Take Legal Action • If your waiver is denied, you can file a legal challenge in the High Court of South Africa. • You will need a qualified immigration lawyer to assist with this process. 5. Can You Enter South Africa While Waiting for a Decision? No. If you have been declared a prohibited person, you cannot enter South Africa until the DHA officially lifts your status. Attempting to enter the country illegally (e.g., with a fake passport or through a border crossing) can lead to criminal charges and a permanent ban. 6. How Long Does It Take to Overturn a Prohibition? • A waiver application can take 6 months to 2 years to process. • Appeals can take several months to over a year. • If legal action is needed, the process can take years. 7. Conclusion: Can You Come Back to South Africa? ✅ Yes, if you successfully apply for a waiver. ✅ Yes, if you appeal and win your case. ✅ Yes, if you apply for rehabilitation (for criminal cases). ❌ No, if the DHA rejects your waiver or appeal and you do not take further legal action. ❌ No, if your prohibition is due to serious crimes or national security threats. Would you like help with writing a waiver request, filing an appeal, or finding legal representation for your case? 😊 How can we help you , please email us to info@samigration.com whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com Please rate us by clinking on this links : Sa Migration Visas https://g.page/SAMigration?gm |
