From a 10-Day Visit to a “Calamity of Illegal Conduct”: A Court’s Stern Rebuke

What began as a 10-day visit to South Africa in 2014 ended a decade later with a scathing court judgment describing a “calamity of illegal conduct.” The Cape Town High Court has dismissed Nigerian national Peter Sunday Akinsanya’s bid for permanent residency, upholding the Department of Home Affairs’ rejection and painting a picture of a man who, in the words of Acting Judge Sungaree Pather, made an error “almost at every turn” in his attempts to remain in the country.

Akinsanya’s legal troubles stem from a web of inconsistencies and fraud. After his short-term visitor’s visa expired, he illegally tried to convert it to a work visaa move prohibited under South African law. He claimed he paid an agent named “Sam,” met at the Gautrain station, R23,000 to facilitate the process. This was just the first red flag.

A Trail of Fraudulent Documents

Home Affairs investigators discovered an earlier, unexplained work visa in Akinsanya’s name from 2013, predating his visitor’s entry. He denied any knowledge of it. Later, in 2021, he submitted a fraudulent police clearance certificate as part of another application.

Judge Pather was unequivocal in her assessment of the agent transaction: “This is suspicious and clearly was a contact being used to short-circuit the process and bypass the systems, rules and regulations.” She found he was in possession of two fraudulent work visas.

A Pattern of Deception and Shifting Stories

The judge outlined a pattern of shifting intentions: from a visitor, to an asylum seeker (dissuaded by the long process), to a work visa applicant, to a student visa applicantwhere his claimed profession as a Software Engineer clashed with his stated desire to study to become an IT Software Developer.

Even his claim of owning property in South Africa, presented as a reason to grant residency, raised judicial suspicion. Noting the lack of proper transfer documents, Judge Pather expressed concern “that the acquisition of the property could have been done so fraudulently or irregularly.”

The Final Ruling: A Disingenuous Applicant

Labeling Akinsanya a “disingenuous applicant,” the judge concluded there was “overwhelming evidence” he entered with a visitor’s visa but never intended to leave, willingly using illegal means to stay. She found no grounds to overturn Home Affairs’ decision, which was based on overstaying, illegal status conversion, and serial dishonesty.

The ruling sends a firm message: South Africa’s courts will not be a pathway to legitimacy for those who attempt to bypass immigration laws through fraud and misrepresentation. For Akinsanya, a decade of attempts has culminated in a definitive judicial door closing, with the judge’s description of his actions serving as a stark, public record of his failed bid.

{Source: IOL}

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