Bhati v Minister of Home Affairs (500/09) [2009] ZAECPEHC 16 (28 April 2009)

Bhati v Minister of Home Affairs (500/09) [2009] ZAECPEHC 16 (28 April 2009)

The court found that the applicant failed to make out a case for review of the respondent's decision in his founding affidavit, and any attempt to do so in reply was irregular. The evidence showed that the applicant's application for extension of his temporary residence permit was considered, and he was given an opportunity to provide proof of compliance with legal requirements, which he failed to do. The temporary residence permit was issued fraudulently, and the applicant was unlawfully in the country. The order to leave the country did not constitute administrative action under PAJA, as it did not have a direct or external legal effect or adversely affect the applicant's rights. Formal...

Citation
[2009] ZAECPEHC 16
Parties
Applicant: Naseer Ahmed Bhati; Respondent: Minister of Home Affairs
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 April 2009
Case Number
500/09
Procedural Posture
Urgent Application / Judgment After Hearing on Merits
Outcome
Application dismissed with costs.
Judges
P C van der Byl
Legal Topics
Immigration Act, Asylum Seeker Permits, Administrative Action, Review of Administrative Decisions, Procedural Fairness
Administrative Law Civil Procedure Immigration Act Asylum Seeker Permits Administrative Action Review of Administrative Decisions Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Naseer Ahmed Bhati

Applicant

Minister of Home Affairs

Respondent

Procedural Posture

Urgent Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the respondent's order requiring the applicant to leave South Africa constituted administrative action under the Promotion of Administrative Justice Act, 2000.
  2. 2 Whether the applicant was entitled to written notice and an opportunity to make representations before being ordered to leave the country.
  3. 3 Whether the applicant's application for extension of his temporary residence permit was properly considered.

Ratio Decidendi

The court found that the applicant failed to make out a case for review of the respondent's decision in his founding affidavit, and any attempt to do so in reply was irregular. The evidence showed that the applicant's application for extension of his temporary residence permit was considered, and he was given an opportunity to provide proof of compliance with legal requirements, which he failed to do. The temporary residence permit was issued fraudulently, and the applicant was unlawfully in the country. The order to leave the country did not constitute administrative action under PAJA, as it did not have a direct or external legal effect or adversely affect the applicant's rights. Formal...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.