The much anticipated ruling on Immigration Directive 21 of 2015, barring Refugees and Asylum seekers from applying for a change of status to any visa or permit in terms of the Immigration Act, was handed down by in the High Court of South Africa on 21 September 2016. It has been declared that Directive 21 is inconsistent with the Constitution of the Republic and therefore invalid and must be set aside.
The judgement further clarifies that even failed asylum seekers must be permitted to apply for a visa by affording them the same opportunity as illegal foreigners in section 32 where allowing individuals to approach the Director-General for authorisation to apply for a visa.
