Ogbokor and Another v Immigration Selection Board and Other (223 of 2011) [2012] NAHC 268 (17 October 2012)

Ogbokor and Another v Immigration Selection Board and Other (223 of 2011) [2012] NAHC 268 (17 October 2012)

The delay of approximately eight months in bringing the review application was unreasonable and not satisfactorily explained. The applicants failed to act with urgency, did not threaten legal action, and did not provide an evidential basis for condonation. The provisions of section 26(7) of the Immigration Control...

Source-derived case information.

Citation
[2012] NAHC 268
Parties
Applicant: Cyril Ayetoma Ogbokor; Applicant: Gladys Amaka Cyril-Ogbokor; Respondent: The Immigration Selection Board; Respondent: The Minister of Home Affairs and Immigration; Respondent: The Chief of Immigration
Court
High Court
Jurisdiction
Namibia
Judgment Date
17 October 2012
Case Number
223 of 2011
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Unreasonable Delay, Judicial Review, Permanent Residence Permit, Condonation of Delay, Administrative Fairness
Source Language
english
Administrative Law Immigration Law Unreasonable Delay Judicial Review Permanent Residence Permit Condonation of Delay Administrative Fairness

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Parties

Cyril Ayetoma Ogbokor

Applicant

Gladys Amaka Cyril-Ogbokor

Applicant

The Immigration Selection Board

Respondent

The Minister of Home Affairs and Immigration

Respondent

The Chief of Immigration

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the delay in bringing the review application was unreasonable and should be condoned
  2. 2 Whether the respondents' failure to provide reasons affected the applicants' ability to bring the review
  3. 3 Whether the provisions of section 26(7) of the Immigration Control Act affect the efficacy of the relief sought

Ratio Decidendi

The delay of approximately eight months in bringing the review application was unreasonable and not satisfactorily explained. The applicants failed to act with urgency, did not threaten legal action, and did not provide an evidential basis for condonation. The provisions of section 26(7) of the Immigration Control Act rendered the relief sought less efficacious, as the applicants could have requested reconsideration after six months. The court declined to condone the delay and dismissed the application.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The respondents are to bear the applicants’ costs, jointly and severally, the one paying the other to be absolved, on the attorney and own client scale.