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PRESENTATION ON ― Immigration Amendment Bill, 2010

PRESENTATION ON ― Immigration Amendment Bill, 2010. (Select Committee on Social Services) 29 March 2011. Caring, compassionate and responsive. TABLE OF CONTENTS. Caring, compassionate and responsive. 2. 1. PURPOSE. Caring, compassionate and responsive. 3. 2. BACKGROUND.

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PRESENTATION ON ― Immigration Amendment Bill, 2010

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  1. PRESENTATION ON―Immigration Amendment Bill, 2010 (Select Committee on Social Services) 29 March 2011 Caring, compassionate and responsive

  2. TABLE OF CONTENTS Caring, compassionate and responsive 1 2

  3. 1. PURPOSE Caring, compassionate and responsive 1 3

  4. 2. BACKGROUND... South Africa is part of a global village and manages movement of people who travel for purposes of— Investing their financial resources in the economy; contributing to social and cultural development; Caring, compassionate and responsive 1 4 4

  5. 2. BACKGROUND... investing their skills and experience in order to promote economic growth; Promoting tourism; and facilitating academic exchanges within SADC. Caring, compassionate and responsive 1 5 5

  6. 3. PROBLEM STATEMENT … The Act provides for the change of status and conditions attached to a permit and this leads to foreigners entering the Republic under false pretences. For example, foreigners enter as tourists instead of their true intentions. Caring, compassionate and responsive 1 6 6

  7. 3. PROBLEM STATEMENT (cont…) The use of the term permit for certain types of temporary residence permits creates a perception on the recipient of the status of a permit vis-à-vis a visa. Permits are generally, in other countries, for longer stays and visas for shorter stay. Caring, compassionate and responsive 1 7 7

  8. 3. PROBLEM STATEMENT (cont…) Lack of provisions in the Act which enables the Department to assist in the combating of child and human trafficking. The current provisions relating to offences no longer serve as a deterrent. Caring, compassionate and responsive 1 8 8

  9. 3. PROBLEM STATEMENT (cont…) Poor management of risks associated with the adequate screening of foreign nationals who seek to enter South Africa. Inadequate integrated security verification process and lack of interaction with clients. Caring, compassionate and responsive 1 9 9

  10. RATIONALISATION OF PERMITS VISAS and PERMITS This proposal was further amended by the PC to the effect that all temporary residence permits should be called visas. Reference to permit will be in the context of permanent residence permit. Caring, compassionate and responsive 1 10 10

  11. 4. High Level Overview of Amendments... The main objective of the Bill is to— delete certain wording of the Preamble to the Act, substitute, insert or delete certain definitions, provide for the designation of ports of entry, revise the provisions relating to the Immigration Advisory Board, revise provisions relating to the making of regulations, Caring, compassionate and responsive 1 11 11

  12. … 4. High Level Overview of Amendments revise provisions relating to visas for temporary sojourn in the Republic and related procedures, provide for the mandatory transmission and use of information on advance passenger processing, provide for the transmission of passenger name record information, revise provisions relating to permanent residence, to revise penal provisions, Repeal provisions relating to immigration practitioners. Caring, compassionate and responsive 1 12 12

  13. Caring, compassionate and responsive 1 13

  14. Clause 1Amendment of Preamble Caring, compassionate and responsive 1 14 14

  15. Clause 2 Amendment of definitions Caring, compassionate and responsive 1 15

  16. … Clause 2… Amendment of definitions Caring, compassionate and responsive 1 16 16

  17. … Clause 2 Amendment of definitions Caring, compassionate and responsive 1 17 17

  18. Clause 3Amends section 4 of the Act Caring, compassionate and responsive 1 18

  19. Clause 4… Amends section 7 of the Act Caring, compassionate and responsive 1 19

  20. … Clause 4 Caring, compassionate and responsive 1 20 20

  21. Clause 5 Amends section 9(3)(a) of the Act Caring, compassionate and responsive 1 21 21

  22. Clause 5 (continues…) Caring, compassionate and responsive 1 22 22

  23. Clause 6 Inserts section 9A in the Act Caring, compassionate and responsive 1 23

  24. Clause 7…Amends section 10(2) and (6) of the Act Caring, compassionate and responsive 1 24

  25. …Clause 7 Amends section 10(2) and (6) of the Act Caring, compassionate and responsive 1 25 25

  26. “PERMITS” TO “VISAS” Caring, compassionate and responsive 1 26 26

  27. Clauses 8 Amends section 10A(2) of the Act Caring, compassionate and responsive 1 27

  28. Clauses 9 Amends section 13 of the Act Caring, compassionate and responsive 1 28 28

  29. Clause 11Amends section 15 of the Act Caring, compassionate and responsive 1 29

  30. Clause 12Amends section 19 of the Act… Caring, compassionate and responsive 1 30 30

  31. …Clause 12 Caring, compassionate and responsive 1 31 31

  32. Clause 12… Caring, compassionate and responsive 1 32 32

  33. Clause 13 Amendment of section 21 of the Act… Caring, compassionate and responsive 1 33 33

  34. …Clause 13 Caring, compassionate and responsive 1 34 34

  35. Clause 14 Caring, compassionate and responsive 1 35 35

  36. Clause 15Amendment of Asylum transit permit Caring, compassionate and responsive 1 36 36

  37. Clause 16Repeals section 24 of the Act Caring, compassionate and responsive 1 37 37

  38. Clause 17Amends section 26 of the Act Caring, compassionate and responsive 1 38 38

  39. Clause 18Amends section 27 of the Act Caring, compassionate and responsive 1 39 39

  40. Clause 18(continues…) Caring, compassionate and responsive 1 40 40

  41. … Clause 18 Caring, compassionate and responsive 1 41 41

  42. Clause 19Amendment of section 29 of the Act Caring, compassionate and responsive 1 42 42

  43. Clause 20Amendment of section 30 Caring, compassionate and responsive 1 43 43

  44. Clause 21Amendment of section 35 Caring, compassionate and responsive 1 44 44

  45. Clauses 22 and 23 Caring, compassionate and responsive 1 45 45

  46. Clause 24Amendment of section 49 Caring, compassionate and responsive 1 46 46

  47. Clause 25Amends section 50 of the Act Caring, compassionate and responsive 1 47 47

  48. THANK YOU SIYABONGA RE A LEBOGA 1 Caring, compassionate and responsive

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