Chio v Tave (CS 146/2006) [2011] SCSC 107 (10 June 2011)

Chio v Tave (CS 146/2006) [2011] SCSC 107 (10 June 2011)

The Immigration Authority failed to afford the petitioners an opportunity to be heard before revoking their permits and declaring them prohibited immigrants, amounting to a breach of natural justice and procedural impropriety. The decisions were quashed for non-compliance with statutory and constitutional requirements.

Citation
[2011] SCSC 107
Parties
Petitioner: Chio; Respondent: Tave
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 June 2011
Case Number
CS 146/2006
Procedural Posture
Supervisory Jurisdiction Application / Ruling on Merits After Hearing Objections and Submissions
Outcome
Petition allowed
Legal Topics
Judicial Review, Natural Justice, Procedural Fairness, Deportation, Gainful Occupation Permit, Legitimate Expectation
Source Language
English
Administrative Law Immigration Law Employment Law Constitutional Law Judicial Review Natural Justice Procedural Fairness Deportation +2 more

Case Brief

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Parties

Chio

Petitioner

Tave

Respondent

Procedural Posture

Supervisory Jurisdiction Application / Ruling on Merits After Hearing Objections and Submissions

Legal Issues

  1. 1 Whether the revocation of the petitioners' gainful occupation permits and their declaration as prohibited immigrants was lawful, reasonable, and procedurally proper
  2. 2 Whether the petitioners were denied an opportunity to be heard before adverse administrative action
  3. 3 Whether the Immigration Authority exercised its discretion judiciously and in accordance with the law

Ratio Decidendi

The Immigration Authority failed to afford the petitioners an opportunity to be heard before revoking their permits and declaring them prohibited immigrants, amounting to a breach of natural justice and procedural impropriety. The decisions were quashed for non-compliance with statutory and constitutional requirements.

Court Disposition

Petition allowed

Orders

  • Writ of certiorari quashing the decision cancelling the gainful occupation permit and dependent's permit of the petitioners.
  • Writ of certiorari quashing the decision declaring the petitioners as prohibited immigrants.