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Posted by / 25-Sep-2017 19:08

SHER, AJ: [1] This matter lies at the intersection of immigration and refugee law, and their competing interests and principles.The essential question it poses is whether a failed asylum seeker is entitled to apply for a temporary residence permit or “visa” as it is known, in terms of our current immigration law.But that said, refugee law is essentially about the protection of vulnerable groups of people or individuals.This is because, as Prof James Hathaway points out, a refugee’s rights are determined by virtue of their status alone and as such, refugees must be protected by their host States unless and until a negative determination is made against them.Recently, the Supreme Court of Appeal warned in increasingly frequent attempts to circumvent immigration law, they must also not deprive asylum seekers of the protections afforded by the Refugee Convention and the European Convention on Human Rights, for “ [7] First applicant is an attorney who specialises in migration law, and the bulk of his clients are asylum seekers. The last extension, which was valid for 5 months, was granted on 28 September 2015.He has represented second to fourth applicants in their various dealings with the authorities as outlined hereunder, and has joined in the application in the interests of the general public, and of his clients in particular. On 10 March 2002 Mrs Fahme was married to Musaddik Hanif Fahme in Dapoli, India.

The South African regional office of the UNHCR reportedly spent in the order of USD 12. It is common knowledge that South Africa too has faced an increase in asylum seekers as well as illegal migrants from a number of countries north of our borders.

The provisions of Directive 21 read as follows: Section 21 of The Refugees Act, No.

130 of 1998 provides the conditions under which a section 22 Asylum Seeker Permit may be issued.

On 18 January 2016 first applicant lodged an appeal against the rejection of third applicant’s application for a visa, which is still pending.

[11] Fourth applicant, Jabbar Ahmed, is a Pakistani national who, it appears, was granted an asylum seeker’s temporary permit on or about 26 September 2014, which was subsequently extended twice, with the last such extension being vaild for a period of 6 months, until 26 October 2015.

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