My brother-in-law was supposed to be released on parole for stock theft on 26 June 2012 after serving two years of a five year sentence. He is a refugee who was granted a United Nations passport shortly before his sentence through the Durban Home Affairs. A correctional services officer went to see where he lived with his mother, brother and sister and his brother signed the papers he brought. My brother-in-law was informed by the parole board that he would be released in South Africa.On the date of his release, we were phoned to tell us that there has been a change of plan and he being deported to Burundi, where he came from and that we should bring his passport. The passport had since expired in December 2011 and he was served with papers for being an illegal immigrant. If he was due to be deported as a foreigner, why would they again charge him for his illegal status? Does he have a case to remain in South Africa?Regards XXXXX XXXXX Mutambala
Province: Free State
Went to see the Correctional Services officer who came to verify the address to ask what changed between then and now - he was not there but was contacted telephonically and he said that the papers were delivered to Goedemoed prison and home affairs is probably charging him now because of his illegal status.
Hi There - it sounds a little too complicated to deal with efficiently on this forum, but you will probably find that because he was convicted of a criminal offence while on a refugee permit the government has elected to cancel the permit and deport him as an undesirable. I think you should try get hold of an immigration attorney to urgently appeal the termination of his status and bring an application to allow him to remain in the Country. You should also go and talk to the UN authority that arranged the status for him. These are complicated matters and you need to move quickly but with proper assistance. I hope this helps and I wish you the best of luck. Please let me know if I can assist further and please remember to rate my service - positively - I hope! Regards
All areas of commercial and contract Law - specialist in property advice.
The answer does not really help much I'm afraid. I saw his release papers and they clearly state that he should be released in South Africa on parole and to report to the correctional services on Douglas street as well as for vocational training. It just sounds like refugees have little status in this country and not many avenues of assistance. The question too was, if he is being deported, why is he still being tried for illegal status? His passport terminated in prison.
Hi Geraldine - im sorry I can understand that you are frustrated but I am trying my best to assist you. When a person is deemed to be in the Republic illegally they do not just deport that person. They have a hearing and if he is confirmed to be illegal he is then deported. I'm sure they want to hold this hearing to declare him illegal then his name is XXXXXXXXXX XX the system and he will be deported forever to be banned from returning. Again my advice is get a lawyer and find out exactly what he is being charged with and let the lawyer make representations in view of the refugee status. There is nothing more I can assist you with as I cannot see the papers, I cannot see his passport, I cannot speak to you or him or the department or the parole department or anyone. This site is to give you high level advice and guidance. The actual advice must follow from an attorney you employ. I hope you understand and wish you all good luck.
Thank you. I'm sure you understand my rating of OK - at least you took the time to answer the question. I will see what I can do about getting him legal representation.
As you wish - good luck.
Actually, I have also just been told that according to the refugee act, it is illegal to return a refugee back to a country where he might face prosecution. Now that, I can do something about. At least there is a starting point - a foothold to say that there is a case worth fighting for. His brother (my husband) doesn't care much about him, or us for that matter, so I needed to see what leverage I had, if any, to fight his cause. He fought his own battles two years ago with a lawyer with other interests and us with very little money to help him. But if it something worth fighting for, then at least I can solicit help. Thanks again for trying.
,Actually, I have also just been told that according to the refugee act, it is illegal to return a refugee back to a country where he might face prosecution. Now that, I can do something about. At least there is a starting point - a foothold to say that there is a case worth fighting for. His brother (my husband) doesn't care much about him, or us for that matter, so I needed to see what leverage I had, if any, to fight his cause. He fought his own battles two years ago with a lawyer with other interests and us with very little money to help him. But if it something worth fighting for, then at least I can solicit help. Thanks again for trying.
That is correct - as long as the refugee status has not been cancelled! This is why I explained someone needs to look at the charges and understand what the government want to deport him for. I wish you luck and Gods speed!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).