Home Affairs gets tough on expired visas
The Committee is responding to the fact that it is the Minister’s opinion that fines on foreigners who overstay their welcome were not serving as a sufficient deterrent to cease the regular practice of non-residents to continue their stay beyond the expiry date of their visa.
Troublesome clause
Section 30 of the 2002 Immigration Act has already been amended a couple of times regarding either the wording itself, which has not stood up in court, or, in the opinion of the DHA is now insufficient in itself as a deterrent to the practice.
The wording of the last amendment had led to various interpretations and to quote the government gazette on the issue, “some holding the view that a foreigner must overstay a number of times to be declared undesirable while others hold the view that one instance of overstaying would result in a declaration of undesirable.”