Pierre (born Timonina) v Attorney-General & Ors (CS 241/2008) [2008] SCSC 34 (11 September 2008)

Pierre (born Timonina) v Attorney-General & Ors (CS 241/2008) [2008] SCSC 34 (11 September 2008)

The application for interim injunction is dismissed because the relief sought is not interim but perpetual in nature and does not relate to the main action for damages. The plaintiffs have not shown a serious question to be tried, and any loss suffered can be adequately compensated by damages. The Immigration Officer acted within statutory discretion, and the proper remedy for challenging the administrative decision would be judicial review, not a civil suit for fault.

Citation
[2008] SCSC 34
Parties
Plaintiff: Mrs. Yulia Pierre (born Timonina); Plaintiff: Mr. Gaetan Patrick Pierre; Defendant: The Attorney General; Defendant: Immigration Officer; Defendant: Air Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 September 2008
Case Number
CS 241/2008
Procedural Posture
Interlocutory Application / Ruling on Interim Mandatory Injunction
Outcome
application dismissed
Legal Topics
Interim Injunctions, Prohibited Immigrant Status, Sovereign Discretion, Damages for Fault, Judicial Review
Source Language
English
Administrative Law Immigration Law Civil Procedure Interim Injunctions Prohibited Immigrant Status Sovereign Discretion Damages for Fault Judicial Review

Case Brief

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Parties

Mrs. Yulia Pierre (born Timonina)

Plaintiff

Mr. Gaetan Patrick Pierre

Plaintiff

The Attorney General

Defendant

Immigration Officer

Defendant

Air Seychelles

Defendant

Procedural Posture

Interlocutory Application / Ruling on Interim Mandatory Injunction

Legal Issues

  1. 1 Whether the plaintiffs are entitled to an interim mandatory injunction ordering the Immigration Officer to revoke and cancel the impugned letter declaring Ms. Timonina a prohibited immigrant and ordering Air Seychelles to allow her to board a flight to Seychelles
  2. 2 Whether the issuance of the impugned letter was illegal, malicious, or amounted to a 'faute' in law
  3. 3 Whether the plaintiffs would be adequately compensated by damages if the injunction is not granted

Ratio Decidendi

The application for interim injunction is dismissed because the relief sought is not interim but perpetual in nature and does not relate to the main action for damages. The plaintiffs have not shown a serious question to be tried, and any loss suffered can be adequately compensated by damages. The Immigration Officer acted within statutory discretion, and the proper remedy for challenging the administrative decision would be judicial review, not a civil suit for fault.

Court Disposition

application dismissed

Orders

  • Interim injunction sought by the plaintiffs is declined.
  • Application dismissed with costs.