Page:NCGLE v Minister of Home Affairs.djvu/13

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Ackermann J

(1) [An application by an alien for an immigration permit is to be submitted to the DG.]
(2) [Such application is in turn submitted by the DG to a regional committee, who may not consider the application unless the applicant intends taking up permanent residence within the province in respect of which that regional committee has been appointed.]
(3) [Unless contrary to the provisions of the Act] the regional committee concerned may authorize the issue to the applicant of [an immigration] permit and make the authorization subject to the condition that the applicant shall pursue his or her occupation in the province in which he or she intends to take up permanent residence, for a minimum period of 12 months, and any other condition which the committee may deem necessary.
(4) The regional committee concerned may authorize the issue to the applicant of an immigration permit if the applicant―
(a)
(i) is of a good character; and
(ii) will be a desirable inhabitant of the Republic; and
(iii) is not likely to harm the welfare of the Republic; and
(iv) does not and is not likely to pursue an occupation in which, in the opinion of the regional committee, a sufficient number of persons are available in the Republic to meet the requirements of the inhabitants of the Republic; or
(b) is a destitute, aged or infirm member of the family of a person permanently and lawfully resident in the Republic who is able and undertakes in writing to maintain him or her.
(5) Notwithstanding the provisions of subsection (4), but subject to the provisions of subsections (3) and (6), a regional committee may, upon application by the spouse or the dependent child of a person permanently and lawfully resident in the Republic, authorize the issue of an immigration permit.
(6) A regional committee may, in the case of a person who applies for an immigration permit and who has entered into a marriage with a person who is

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