Deportation, Return to SA, and Rehabilitation

QUESTION 3084 / NW3607E

DATE OF PUBLICATION: Friday, 14 October 2011
INTERNAL QUESTION PAPER NO 31 of 2011

Mr J Selfe (DA) to ask the Minister of Home Affairs:



(1) Whether her Department has a system in place to ensure that detained offenders who are foreign nationals and have been deported are prevented from (a) returning to South Africa or (b) acquiring a visa; if not, why not; if so, what are the relevant details;



(2) whether her Department has any policy in place in this regard; if not, why not; if so, what is her department’s policy with regard to offending foreign nationals who return to South Africa?

NW3607E



REPLY:



(1)(a)&(b) Yes. The Department of Home Affairs has a system, in place, to prevent detained offenders from returning to the Republic of South Africa (RSA), or acquiring a Visa. Prohibited persons are placed on the Department’s Visa and Entry Stop List to prevent them from returning to the RSA, once deported, and obtaining a Visa, a Temporary, or a Permanent Residence Permit.



(2) Yes. Foreign nationals who are convicted, and detained because of criminal offences committed, are deported from the RSA after serving their sentences. Such foreigners are regarded as prohibited persons, in terms of section 29(1)(c) of the Immigration Act, 2002 (Act No 13 of 2002). Any prohibited person found in the RSA is dealt with, in terms of the Immigration Act.



Further, any foreign national deported from the RSA becomes a statutory prohibited person. Such person can, only, return to the RSA after an application for rehabilitation has been approved. In terms of Regulation 34 of the Immigration Regulations, rehabilitation can, only, take place after four years of absence from the RSA, and upon a request by the foreigner, in which he, or she makes a solemn affirmation that he, or she will comply with the Immigration Act.





http://www.pmg.org.za/node/26575