Garcia vs Barbarons Beach Hotel & Ors (MC70/202l) [2021] SCSC 1049 (15 November 2021)

Garcia vs Barbarons Beach Hotel & Ors (MC70/202l) [2021] SCSC 1049 (15 November 2021)

The application is premature as the applicant has not exhausted statutory remedies; she must apply for a temporary permit and appeal to the Minister before seeking judicial review. However, on humanitarian grounds, the applicant is allowed to remain in Seychelles until the employment matters are concluded.

Citation
[2021] SCSC 1049
Parties
Petitioner: Laura Mauleon Garcia; 1st Respondent: Barbarons Beach Hotel MHG Limited; 2nd Respondent: Minister of Internal Affairs; 3rd Respondent: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 November 2021
Case Number
MC70/202l
Procedural Posture
Application for Injunction / Ruling on Interlocutory Application
Outcome
partially granted
Legal Topics
Prohibited Immigrant Notice, Temporary Permit, Judicial Review, Redundancy, Employment Compensation
Source Language
English
Immigration Law Employment Law Prohibited Immigrant Notice Temporary Permit Judicial Review Redundancy Employment Compensation

Case Brief

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Parties

Laura Mauleon Garcia

Petitioner

Barbarons Beach Hotel MHG Limited

1st Respondent

Minister of Internal Affairs

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Application for Injunction / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the applicant should be allowed to remain in Seychelles pending determination of her employment case and appeal
  2. 2 Whether the issuance of a prohibited immigrant notice and threatened removal was lawful given pending employment proceedings
  3. 3 Whether the applicant followed proper statutory procedures for challenging the notice

Ratio Decidendi

The application is premature as the applicant has not exhausted statutory remedies; she must apply for a temporary permit and appeal to the Minister before seeking judicial review. However, on humanitarian grounds, the applicant is allowed to remain in Seychelles until the employment matters are concluded.

Court Disposition

partially granted

Orders

  • Applicant not to be deported and allowed to remain in Seychelles until conclusion of employment matters before the Ministry of Employment.
  • Applicant must apply for a temporary permit under Section 18 of the Immigration Decree to regularise her stay.