Chinese national banned from entering Namibia returned twice in 2023

Hertta-Maria Amutenjna

Chinese national, Jiaming Li, who has been deported from Namibia on two separate occasions, has attempted to enter the country illegally twice.

In his latest attempt, he took the Ministry of Home Affairs, Immigration, Safety, and Security to court for refusing him entry into the country. However, he has now withdrawn the case.

Documents filed at the Windhoek High Court reveal that Li’s legal troubles began with his first conviction in September 2022 for conducting business in Namibia without a proper residence permit.

This led to his initial deportation in the same month, accompanied by a prohibition from entering the country until January 2031.

However, the Chief of Immigration, Nehemia Nghishekwa disclosed that despite the ban, Li returned to Namibia in May 2023, only to receive a second conviction for contravening immigration laws.

This time, Li was sentenced to a fine of N$20,000 or five years’ imprisonment and declared a prohibited immigrant.

Undeterred by these legal setbacks, Li proceeded to apply for a work permit in September 2023 which was granted to him.

According to Nghishekwa, the permit was wrongly granted.

Nghishekwa highlighted that Li failed to disclose his previous immigration-related convictions in his application, and he accused him of misrepresenting himself to obtain the work permit.

“The applicant failed and he deliberately opted not to disclose these material facts in his founding affidavit or indeed in his application for a work permit on 18 September 2023. The applicant, therefore, misrepresented himself when making the said application, and the same stands to be revoked by the ministry,” stated Nghishekwa.

Furthermore, Nghishekwa emphasised that Li had “no good prospects of entering or remaining in Namibia,” indicating that the work permit issued to him is poised to be revoked by the minister.

Despite this, Li argued that he had complied with all the requirements of the Immigration Control Act and regulation, asserting that. “fairly, reasonably, and Constitutionally, I should be allowed to enter Namibia and to remain here temporarily.”

He claimed to have made arrangements to travel to Namibia based on the granted work permit.

Li’s troubles escalated earlier this month when, upon arrival at Hosea Kutako International Airport, he was denied entry into Namibia despite holding a valid work permit.

Immigration officials cited him as a prohibited immigrant, sparking a series of legal engagements involving Li’s legal representative Gilroy Kasper.

Li refused to sign a notice issued under Section 10 (1) of the Immigration Control Act, contending that he had never been dealt with under Sections 39 and 42.

According to the documents conflicting reports suggested that the International Criminal Police Organization, might have been involved in Li’s case, but these allegations were dispelled through inquiries made by Li’s companion, Qiaoxia Wu.

Li said he was shocked to discover that he was not allowed entry into Namibia, despite holding a valid work permit.

“A certain Taimi Axel informed me that I am not allowed entry into the Republic of Namibia. I was fortunately accompanied by Wu who happened to be on the same flight as mine from the Republic of Namibia. Had Wu not accompanied me I would not have understood anything.

I was shocked to learn that I was not allowed entry into Namibia despite having a valid work visa issued by the first respondent. I demanded to be told the reasons why I was being refused entry, this achieved through the assistance of Wu. Upon further inquiries I was advised that I am apparently a prohibited immigrant,” he stated.

Li’s Timeline

8 September 2022 – convicted for conducting business without proper permit

17 September 2022 – deported and prohibited from entering until 26 January 2023

May 2023 – returns to Namibia

22 May 2023 – revives second conviction

18 September 2023 – applies for a work permit

10 October 2023 – MHASS grants a work permit

8 November 2023- arrives in Namibia

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