Mohamud and Others v Minister of Home Affairs and Another [2023] ZAGPPHC 333; 037352/2023 (11 May 2023)

Mohamud and Others v Minister of Home Affairs and Another [2023] ZAGPPHC 333; 037352/2023 (11 May 2023)

The court found that the applicants, as asylum seekers whose judicial review applications are pending, are entitled to automatic extensions of their asylum seeker permits in terms of the Refugees Act and the Constitutional Court's decision in Saidi v Minister of Home Affairs. The Department of Home Affairs has no...

Source-derived case information.

Citation
[2023] ZAGPPHC 333
Parties
Applicant: Duran Kahiye Mohamud; Applicant: Salamatu Ibrahim; Applicant: Nasir Abdella Hussen; Applicant: Mohammed Sabaj Miah; Applicant: Muluken Pawlos Lambebo; Applicant: Robal Abkey; Applicant: Kabiru Tunde Akindele; Applicant: Promise Ogomegbulem; Applicant: Md Roshidul Islam; Applicant: Mamo Meseret Daba; Applicant: Ear Hossain; Respondent: Minister of Home Affairs; Respondent: Director General: The Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 May 2023
Case Number
037352/2023
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Pending Judicial Review
Outcome
Application granted. Interim relief ordered.
Legal Topics
Refugees Act, Non Refoulement, Asylum Seeker Permits, Judicial Review, Urgent Interim Relief
Administrative Law Constitutional Law Refugees Act Non Refoulement Asylum Seeker Permits Judicial Review Urgent Interim Relief

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Parties

Duran Kahiye Mohamud

Applicant

Salamatu Ibrahim

Applicant

Nasir Abdella Hussen

Applicant

Mohammed Sabaj Miah

Applicant

Muluken Pawlos Lambebo

Applicant

Robal Abkey

Applicant

Kabiru Tunde Akindele

Applicant

Promise Ogomegbulem

Applicant

Md Roshidul Islam

Applicant

Mamo Meseret Daba

Applicant

Ear Hossain

Applicant

Minister of Home Affairs

Respondent

Director General: The Department of Home Affairs

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief Pending Judicial Review

Legal Issues

  1. 1 Whether the applicants are entitled to extensions of their asylum seeker permits pending finalisation of judicial review applications.
  2. 2 Whether the matter is sufficiently urgent to warrant interim relief.
  3. 3 Whether the Department of Home Affairs is obliged to extend permits automatically when judicial review is pending.

Ratio Decidendi

The court found that the applicants, as asylum seekers whose judicial review applications are pending, are entitled to automatic extensions of their asylum seeker permits in terms of the Refugees Act and the Constitutional Court's decision in Saidi v Minister of Home Affairs. The Department of Home Affairs has no discretion to refuse such extensions. The risk of arrest and deportation without valid permits constitutes sufficient urgency, as deportation would render the pending judicial review applications academic and undermine the non-refoulement purpose of the Refugees Act. The application for interim relief is therefore granted.

Court Disposition

Application granted. Interim relief ordered.

Orders

  • The respondents are directed to extend the applicants' asylum seeker temporary visas pending finalisation of the judicial review applications under the specified case numbers.
  • The respondents are ordered to pay the costs of this application on the party and party scale jointly and severally, the one paying the other to be absolved.