Z.H and Others v Minister of Home Affairs and Another (15279/2021) [2022] ZAWCHC 150; [2022] 4 All SA 129 (WCC) (20 July 2022)

Z.H and Others v Minister of Home Affairs and Another (15279/2021) [2022] ZAWCHC 150; [2022] 4 All SA 129 (WCC) (20 July 2022)

The court found that the Minister and Director-General's refusals of the applicants' permanent residence permits were unlawful, irrational, and unreasonable. The reasons advanced—lack of a valid temporary residence visa and alleged possession of a fraudulent visa—were not supported by evidence and constituted errors...

Source-derived case information.

Citation
[2022] ZAWCHC 150
Parties
Applicant: Z[....] H[....]; Applicant: M[....]1 M[....]2 J[....]; Applicant: T[....] Z[....] H[....]; Applicant: A[....] H[....]; Applicant: S[....] H[....]; Respondent: Minister of Home Affairs; Respondent: Director-General, Home Affairs
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 July 2022
Case Number
15279/2021
Procedural Posture
Review Application / Judgment on Merits and Ancillary Relief
Outcome
Application for judicial review granted; impugned decisions set aside; permanent residence permits to be issued to applicants.
Judges
P. S. Van Zyl
Legal Topics
Promotion of Administrative Justice Act, Immigration Permits, Condonation of Delay, Exhaustion of Internal Remedies, Prohibited Person Status, Substitution of Administrative Decision
Administrative Law Land and Property Promotion of Administrative Justice Act Immigration Permits Condonation of Delay Exhaustion of Internal Remedies Prohibited Person Status Substitution of Administrative Decision

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Z[....] H[....]

Applicant

M[....]1 M[....]2 J[....]

Applicant

T[....] Z[....] H[....]

Applicant

A[....] H[....]

Applicant

S[....] H[....]

Applicant

Minister of Home Affairs

Respondent

Director-General, Home Affairs

Respondent

Procedural Posture

Review Application / Judgment on Merits and Ancillary Relief

Legal Issues

  1. 1 Whether the Minister and Director-General acted lawfully in refusing the applicants' permanent residence permits.
  2. 2 Whether the delay in instituting judicial review and failure to exhaust internal remedies should be condoned.
  3. 3 Whether the first applicant is a prohibited person under section 29(1) of the Immigration Act.

Ratio Decidendi

The court found that the Minister and Director-General's refusals of the applicants' permanent residence permits were unlawful, irrational, and unreasonable. The reasons advanced—lack of a valid temporary residence visa and alleged possession of a fraudulent visa—were not supported by evidence and constituted errors of law and irrelevant considerations. The applicants' applications were fully compliant with the Immigration Act, and the family’s fate was inextricably linked to the first applicant’s status. The delay in instituting review was reasonable given the ongoing litigation and pandemic, and the failure to exhaust internal remedies was excused due to the unique circumstances and the...

Court Disposition

Application for judicial review granted; impugned decisions set aside; permanent residence permits to be issued to applicants.

Orders

  • The delay in instituting the application for judicial review is condoned and the period extended under section 9 of PAJA.
  • The failure of the second to fourth applicants to exhaust internal remedies is condoned under section 7(2)(c) of PAJA.