- WAIVING OF GROUNDS OF UNDESIRABILITY
- UPLIFTMENT OF PROHIBITION APPLICATIONS
Ministerial applications against Declaration of Undesirability (Section 30)
A person that has overstayed in the Republic and been declared an undesirable person 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) or in contravention of a prescribed ground (Sections 30(1)(a) to (g)) can apply for the removal of such restriction placed upon their name.
The process provides an opportunity to motivate why the status of undesirability should be waived by the Honourable Minister of the Department of Home Affairs and the application is to be submitted within ten days from such declaration. The Minister will consider whether there is Good Cause for the lifting thereof and his decision is to be relayed to the Applicant in writing.
Upliftment of Prohibition applications to the Director–General (Section 29)
Any person that is found in possession of a fraudulent visa, permit or South African ID/Passport is deemed to be a prohibited person which has an automatic concomitant sanction of being disqualified from entry into the Republic or applying for any status.
Section 29(2) of the Immigration Act makes provision for the Director General to remove prohibitory status placed upon a person. It is trite law that each case is to be decided on its own facts and good cause is to be shown for the favourable granting thereof.
Kraut Attorneys has years of experience in bringing such matters to the relevant authoritative body.