The Immigration Act is silent on how to treat a person who is stateless or unable to prove their citizenship. If such an individual is arrested for immigration reasons there is no mechanism to review that detention or regularise that person’s immigration status. Neither the Immigration Act nor the Regulations make provision to admit or assist any person who may be stateless. The new rules require foreign nationals to apply for visas and permits from outside the country and do not cater for persons who may be de facto or de jure stateless and cannot travel into or out of the country. Changes to the Immigration Act and Regulations which came into effect on 26 May 2014 The changes include requirements for parents travelling with children in Regulation 6(12)(a) the need to travel with an unabridged birth certificate. There is no flexibility or discretion towards this requirement in the Regulations. The Immigration laws deal with the situation of ‘Illegal Foreigners’ in Regulation 30 but do not provide any direction on how to deal with the situation of an individual who is born to at least one South African parent but who has not had their birth registered and who is unable to prove their citizenship. The Citizenship Act deals with these cases in a limited way but this continues to be a serious gap in the law. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide Legal framework on nationality and statelessness in South Africa rights law, in particular, the rights to equality and nondiscrimination and the right to be free from arbitrary detention. These Guidelines also recommend that states implement national statelessness determination procedures, and provide guidance on relevant standards and protections. 31