A Nigerian student has been released from the West Bank Prison on a high court order after being wrongfully arrested by home affairs officials on the pretext that he was in South Africa illegally.
Student Oluwakemi Raheem Oduyemi, 27, was released last Friday after spending 39 days in illegal detention pending deportation.
Home Affairs officials have been barred from detaining or deporting him until his application for the extension of his current study permit or a new one has been finalised.
Oduyemi had been studying in South Africa with a valid permit since 2011, when he lost his passport and was issued with a new one by the Nigerian embassy in January.
Upon the advice of official Notumata Dlabantu, for eight months he dutifully reported to the immigration office in King William’s Town every Friday, pending the issuing of a replacement study permit.
However, on Friday September 4, he was arrested at the office “as an illegal in the country” pending deportation, without being given reasons for not extending his study permit.
He was forced to sign blank documents – later filled out by home affairs officials – waiving his rights to a review of the decision to deport him and accepting that his constitutional rights had been explained to him.
Oduyemi points out in his urgent high court application that, given his compliance to report to the immigration office and the fact his partner and child lived in South Africa, he would never have consented to being deported. — rayh@dispatch.co.za
Student illegally held for 39 days freed by court order
Student Oluwakemi Raheem Oduyemi, 27, was released last Friday after spending 39 days in illegal detention pending deportation.
Home Affairs officials have been barred from detaining or deporting him until his application for the extension of his current study permit or a new one has been finalised.
Oduyemi had been studying in South Africa with a valid permit since 2011, when he lost his passport and was issued with a new one by the Nigerian embassy in January.
Upon the advice of official Notumata Dlabantu, for eight months he dutifully reported to the immigration office in King William’s Town every Friday, pending the issuing of a replacement study permit.
However, on Friday September 4, he was arrested at the office “as an illegal in the country” pending deportation, without being given reasons for not extending his study permit.
He was forced to sign blank documents – later filled out by home affairs officials – waiving his rights to a review of the decision to deport him and accepting that his constitutional rights had been explained to him.
Oduyemi points out in his urgent high court application that, given his compliance to report to the immigration office and the fact his partner and child lived in South Africa, he would never have consented to being deported. — rayh@dispatch.co.za
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