Question NW805 to the Minister of Home Affairs

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08 April 2021 - NW805

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

(1)Whether his department knows when illegal immigrants are released by the Department of Correctional Services so that his department can effectively plan and coordinate their deportation; if not, what is the position in this regard; if so, what are the relevant details; (2) Whether his department and the Department of Correctional Services work together regarding the release of illegal immigrants; if not, why not; if so, what are the relevant details?

Reply:

1. The Department of Correctional Services notifies the Department of Home Affairs of all foreign nationals that are due for release in order for the department to prepare and effect their deportation.

This is in line with section 30 (1) (g) of the Immigration Act, 2002 which states that:

30 (1) The following foreigners may be declared undesirable by the Director, as prescribes, and after such declaration do not qualify for a port of entry visa, visa admission into the Republic or a permanent residence permit:

(g) Anyone with previous criminal convictions without the option of a fine for conduct which would be an offence in the Republic, with exclusion of certain prescribed offences.

(2) The departments do work very closely on the issue of illegal foreigners. There is regular contact between the departments on issues of foreign nationals and illegal immigrants. The Department of Correctional Services also assists in the transfer of illegal immigrants from correctional facilities to the Lindela Holding Facility.

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