Krawceniuk v Attorney General (MA194/2020) [2020] SCSC 636 (15 October 2020)

Krawceniuk v Attorney General (MA194/2020) [2020] SCSC 636 (15 October 2020)

Given the petitioner's medical condition and the supporting medical certificate, the court exercises its equitable jurisdiction to extend the visa temporarily pending further submissions and determination of the leave application for judicial review.

Citation
[2020] SCSC 636
Parties
Petitioner: Piort Roman Krawceniuk; Respondent: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 October 2020
Case Number
MA194/2020
Procedural Posture
Judicial Review Application / Interlocutory Order on Urgent Application for Interim Relief
Outcome
interim relief granted
Legal Topics
Visa Extension, Writ of Mandamus, Writ of Certiorari, Judicial Review, COVID 19 Pandemic
Source Language
English
Immigration Law Administrative Law Visa Extension Writ of Mandamus Writ of Certiorari Judicial Review COVID 19 Pandemic

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Parties

Piort Roman Krawceniuk

Petitioner

Attorney General

Respondent

Procedural Posture

Judicial Review Application / Interlocutory Order on Urgent Application for Interim Relief

Legal Issues

  1. 1 Whether the petitioner is entitled to an extension of his visa pending determination of the judicial review application
  2. 2 Whether the respondent's decision to require the petitioner to leave Seychelles by 15 October 2020 should be quashed
  3. 3 Whether the petitioner should be allowed to pursue his studies and business in Seychelles

Ratio Decidendi

Given the petitioner's medical condition and the supporting medical certificate, the court exercises its equitable jurisdiction to extend the visa temporarily pending further submissions and determination of the leave application for judicial review.

Court Disposition

interim relief granted

Orders

  • The current visa issued to the petitioner is extended to 22 October 2020.
  • Both parties are to file further submissions regarding the leave to proceed application for judicial review by 19 October 2020.