Neels Heystek and his kin, who have had their asylum and residency applications denied in Ireland, describe the impending deportation as akin to “sitting on death row”. They sought refuge in Ireland from South Africa last June, narrated by Mr Heystek as fleeing from rampant “malevolence and violence”. The Heysteks firmly believe that if they are forced to return, it will pose a “grave danger” to their existence.
While an official deportation order hasn’t been served yet, it seems likely that they will be joining the increasing list of South Africans being ordered to leave Ireland. Mr Heystek attributes their prospective expulsion to the “prevailing political atmosphere”.
Phrases from Department of Justice reveal that as of September 20, 105 South Africans have been commanded or volunteered to exit after being denied asylum and stay (constituting 59 deportation orders and 46 voluntary departures), a substantial increase from 45 total last year.
Looking at all countries, there were 621 returns (whether voluntary or enforced) up until September 20, marking a massive rise of 190% from 214 recorded up to September 22, 2023.
Although South Africa falls under the list of 15 approved as “safe” nations by the Department of Justice, Mr Heystek insists it is not so, referencing the Department of Foreign Affairs’ warning of “escalating crime rate, inclusive of violent crimes” in South Africa.
The Heystek family feels that they would have been safeguarded by Ireland had they arrived in a different period. “Our asylum plea has a sound foundation. However, with immigration being a burning issue currently, the government feels compelled to demonstrate that they are expelling individuals. This does not gel well with me,” explains Mr Heystek.
Previously working as a sales representative on the road in Johannesburg, Mr Heystek reveals that he constantly encountered individuals armed with weapons, and was often subjected to hold-ups involving guns, causing overwhelming dread and stress daily. The tipping point was when an attempt was made to abduct his daughter from a shopping centre, three years prior.
“We discovered that South Africans were seeking protection in Ireland,” Mr Heystek pours out. “We were in fearful anticipation for our lives. Abandoning the country that’s your home is an incredibly tough decision, but we braved it with four suitcases and pleaded to Ireland, ‘Please guard us.'”
Upon their arrival, their daughter remained shut in due to excessive Post Traumatic Stress Disorder (PTSD), he explains. A July 2023 counselling report highlighted that due to witnessing and falling prey to numerous brutal incidents in South Africa, she was held captive in the state of high alert, both physically and mentally.
“She exhibited severe apprehension and was scared even in the counsellor’s presence with her parents, and was triggered easily by outside noises. This child’s sense of safety has been absent for a long while as she is deeply tormented by her experiences in South Africa.”
After an extensive period of counselling and comfort, their daughter is now flourishing, Mr Heystek says, engaging with a local sports club and recently enrolled in a secondary school.
Their application – regarded as coming from a ‘safe’ nation, was fast-tracked. However, their requests for asylum and supplemental protection were denied last December. The family made an appeal and sought humanitarian permission to stay, however, it was rejected in the last two weeks.
The International Protection Office (IPO), while refusing the family’s leave to remain, recognises that the family were likely crime victims in South Africa, but does not acknowledge that they were subjected to any race-based crimes or that such crimes against white South Africans are largely driven by race.
The fears expressed by Mr Heystek’s wife and daughter regarding a deep, irreparable collapse in their mental health in case they are forced to return to South Africa, with a potential major impact on their lifespan, were noted in the report, which however concluded that their health predicament does not constitute a breach of their human rights.
Upon assessing the humanitarian element of the request, the IPO’s case official has summarised, “The collective importance of preserving the solidarity of the global protection and migration policies overrides the characteristics of the present case.”
As Mr Heystek recounts, the negation devastated his daughter.
“She got home from school full of joy, twirling around. Upon breaking the news of another refusal to her, her cheer turned into despair. Her protests of ‘Cease, cease, cease, cease,’ echoed as tears dashed down her face. She exclaimed, ‘But that place isn’t safe. I can’t return. What will happen to my education? My mates?’ After this, she exited and sobbed uncontrollably.”
Adding to this he states, “I must express that each Irish individual we’ve encountered since our arrival has been benevolent, amiable, and extensively supportive. We’re vastly grateful for these encounters. But, seemingly to align with political motives, it’s as if we’re on death row, anticipating the deportation order.”
A spokesperson from the Justice Department communicated that a nation can only be marked safe “when we have evidence that…there is generally and persistently no risk of persecution, torture, or any brutal or dishonouring conduct or punishment, and no danger due to random violence in situations of worldwide or interior armed discord.”
He added, “The department is implementing all required measures to supervise the international protection process justly, competently, and efficiently, whilst ensuring the continuation of Ireland’s regulations-driven immigration system.”