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Immigration Act, 2002 (Act No. 13 of 2002)

Regulations

Immigration Regulations, 2014

27. Undesirable persons

 

(1) For the purposes of subregulation (3), a time is calculated as days during a year for which the period of overstay is calculated from the date of expiry of the last valid visa.

 

(2) The Director-General may declare a foreigner who falls within a category listed in section 30(1) of the Act as undesirable on Part A of Form 19 illustrated in Annexure A.

 

(3) A person who overstays after the expiry of his or her visa, as contemplated in section 30(1)(h) of the Act, may—
(a) in the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months;
(b) in the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years; and
(c) in the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.