Timms and Others v Minister of Home Affairs and Another (41897/2021) [2021] ZAGPPHC 590 (14 September 2021)

Timms and Others v Minister of Home Affairs and Another (41897/2021) [2021] ZAGPPHC 590 (14 September 2021)

The court found that the matter was urgent due to the Second Applicant's imminent expiry of her EU visa and her inability to apply for a South African visa in Switzerland under the ordinary regulatory requirements. The Respondents' opposition was limited and did not address the substantive merits of the application....

Source-derived case information.

Citation
[2021] ZAGPPHC 590
Parties
Applicant: Charl Milton Timms; Applicant: Dima Saad Hamid Ajeel; Applicant: Dima Saad Hamid Ajeel NO; Respondent: Minister of Home Affairs; Respondent: Director General - Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2021
Case Number
41897/2021
Procedural Posture
Urgent Application / Final Judgment
Outcome
Application granted. The Applicants are permitted to apply for a waiver of regulation 9(2)(a) requirements and for visas. The Respondents are ordered to process the applications expeditiously and provide reasons for any refusal. Costs awarded against the Respondents on attorney and client scale.
Judges
Baloyi-Mere
Legal Topics
Immigration Act Waiver, Urgent Interdict, Visa Application Procedure, Administrative Action Review
Administrative Law Civil Procedure Immigration Act Waiver Urgent Interdict Visa Application Procedure Administrative Action Review

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Summary, issues, holding and outcome

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Parties

Charl Milton Timms

Applicant

Dima Saad Hamid Ajeel

Applicant

Dima Saad Hamid Ajeel NO

Applicant

Minister of Home Affairs

Respondent

Director General - Department of Home Affairs

Respondent

Procedural Posture

Urgent Application / Final Judgment

Legal Issues

  1. 1 Whether the Minister of Home Affairs can be compelled to waive the requirements of regulation 9(2)(a) under section 31(2)(c) of the Immigration Act.
  2. 2 Whether the matter is sufficiently urgent to warrant relief on an urgent basis.
  3. 3 Whether the Applicants are entitled to apply for visas and protection from deportation pending the outcome of their applications.

Ratio Decidendi

The court found that the matter was urgent due to the Second Applicant's imminent expiry of her EU visa and her inability to apply for a South African visa in Switzerland under the ordinary regulatory requirements. The Respondents' opposition was limited and did not address the substantive merits of the application. The court held that the Minister's discretion under section 31(2)(c) of the Immigration Act is subject to judicial oversight and that the Applicants are entitled to apply for a waiver of the regulatory requirements. The Respondents were ordered to accept and process the waiver application expeditiously, provide reasons for any refusal, and allow for urgent review if necessary....

Court Disposition

Application granted. The Applicants are permitted to apply for a waiver of regulation 9(2)(a) requirements and for visas. The Respondents are ordered to process the applications expeditiously and provide reasons for any refusal. Costs awarded against the Respondents on attorney and client scale.

Orders

  • The Second and Third Applicants are permitted to apply to the First Respondent for a waiver of regulation 9(2)(a) requirements under section 31(2)(c) of the Immigration Act within three days of this order.
  • The First Respondent must accept the waiver application at MaMokolo.Sethosa@dha.gov.za.