High Court declares Immigration Directive on “Undesirable Persons” illegal

According to Directive No. 9 of 2014, issued by the Department of Home Affairs under the new “*Immigration Regulations 2014*(Download from Into SA Library here:)”:https://www.into-sa.comhttps://www.into-sa.com/uploads/download/file/368/INTO_SA_eINFO_-_New_Immigration_Regulations_in_South_Africa__2014_.pdf, any foreigner, who attempts to depart the country after his or her Visa has expired will no longer be fined, but declared an “undesirable person” in terms of section 27(3) of the new Regulations for a period of between twelve months and five years depending on the time passed since visa expiry and the number of previous transgressions in this regard. A submitted visa application and receipt thereof are not sufficient to prevent this measure and this practice is already in place at the South African airports!

Shaima Herman, a US citizen engaged in the Film Industry and living in South Africa, had to leave South Africa on a family matter while her application for a permit based on her South African life partner was in process with the Department of Home Affairs for almost two years. Although she showed the submission receipt and proof of her relationship to a South African citizen, she was declared “undesirable” at the airport not to return to South Africa.

Last week the Cape Town High Court declared the Directive No. 9 illegal, which brings relief to this unbearable situation, but it still needs the implementation of Home Affairs before similarly affected applicants can leave the country without the current harsh consequences.

If you have been declared “undesirable” please contact Into SA for drafting the necessary appeal based on the Immigration Act as amended in 2011 as

_Persons who are declared undesirable persons in terms of Section 30(1)(h) read with 50(1) of the Immigration Act, no 13 of 2002 as amended (no. 13 of 2011) must submit the written representative as indicated below:_

# _Written representation_
# _A copy of the declaration of undesirability (form 19) that was issued at the Port of Entry_
# _Copy of the relevant pages of the passport, including bio page_
# _Acknowledgment of receipt( in cases where the applicant has applied for a permit and the status is still pending)_
# _If the applicant overstayed due to medical reasons a medical certificated must be submitted_”

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