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South Africa Case Law

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Administrative Law [2025] ZAGPPHC 164

DSR Beleggings (Pty) Ltd v Minister of Labour and Another (028984/2023)

DSR Beleggings (Pty) Ltd v Minister of Labour and Another (028984/2023) [2025] ZAGPPHC 164 (14 February 2025)

The High Court held that the dispute over a corporate visa recommendation arises from the Employment Services Act and referred the review to the Labour Court.

  • Immigration Act Review
  • Jurisdiction Of High Court
  • Exclusive Labour Court Jurisdiction
  • Letter Of Recommendation
  • Corporate Visa Application
  • Corporate-visa
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Administrative Law [2024] ZAGPPHC 1127

Kingscott v Minister of Home Affairs and Another (034689/2023)

Kingscott v Minister of Home Affairs and Another (034689/2023) [2024] ZAGPPHC 1127 (5 November 2024)

The High Court dismissed a review of a refused critical skills visa, holding that a candidate engineer did not meet the statutory skills requirement.

  • Immigration Act Review
  • Critical Skills Visa
  • Error Of Law
  • Irrelevant Considerations
  • Arbitrariness
  • Promotion Of Administrative Justice Act
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Administrative Law [2024] ZAGPPHC 221

Dzenisiuk and Others v Minister of Home Affairs and Another (2021/476782)

Dzenisiuk and Others v Minister of Home Affairs and Another (2021/476782) [2024] ZAGPPHC 221 (19 March 2024)

The court found that the Respondents' decisions to reject the renewal of the First Applicant's Critical Skills Visa were based on material mistakes of fact and law, specifically regarding the legal status of the employer and the role of the First Applicant within the company. The Respondents failed to properly consider relevant documentary evidence and placed undue emphasis on irrelevant factors, such as the First Applicant's designation as managing director. The shifting of reasons for rejection and the failure to distinguish between a director and a shareholder demonstrated a lack of ration…

  • Promotion Of Administrative Justice Act
  • Immigration Act Review
  • Critical Skills Visa
  • Procedural Fairness
  • Material Mistake Of Fact
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Administrative Law [2020] ZAGPJHC 333

Arnaud v Minister of Home Affairs and Another (19/27099)

Arnaud v Minister of Home Affairs and Another (19/27099) [2020] ZAGPJHC 333 (28 August 2020)

The High Court set aside the Department of Home Affairs’ V-listing of the applicant’s visa, permanent residence and ID for lack of reasons and procedural fairness.

  • Immigration Act Review
  • Failure To Exhaust Internal Remedies
  • Procedural Fairness
  • V Listing
  • Administrative Action
  • Costs Order
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Administrative Law [2015] ZAGPPHC 1012

Shields and Another v Minister of Home Affairs and Others (74939/14)

Shields and Another v Minister of Home Affairs and Others (74939/14) [2015] ZAGPPHC 1012 (9 October 2015)

The High Court reviewed a deportation of an alleged illegal foreigner and held that Home Affairs failed to provide the prescribed ministerial review notice.

  • Immigration Act Review
  • Exhaustion Of Internal Remedies
  • Procedural Fairness
  • Deportation
  • Ministerial Review
  • Costs Order
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Administrative Law [2011] ZAGPJHC 128

Havard and Another v Minister of Home Affairs and Others (33431/2011)

Havard and Another v Minister of Home Affairs and Others (33431/2011) [2011] ZAGPJHC 128 (30 September 2011)

The court held that the applicant was not entitled to judicial review of the decision declaring him an illegal foreigner prior to exhausting the internal remedy provided by section 8(2)(a) of the Immigration Act. The applicant failed to demonstrate exceptional circumstances justifying bypassing the internal review process. The evidence presented by the applicant regarding his documentation and entry into South Africa was contradictory, incomplete, and in some respects appeared fraudulent. The statutory scheme requires that the Minister be given the opportunity to review such decisions before…

  • Immigration Act Review
  • Exhaustion Of Internal Remedies
  • Illegal Foreigner Determination
  • Urgent Interdict
  • Promotion Of Administrative Justice Act
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Administrative Law [2008] ZAGPHC 212

Abraham and Another v Minister of Home Affairs (12515/2008)

Abraham and Another v Minister of Home Affairs (12515/2008) [2008] ZAGPHC 212 (4 July 2008)

The court found that the Applicants were illegal foreigners in possession of fraudulent temporary residence permits and had contravened the Immigration Act by taking employment while on visitor's permits without authorisation. The procedures followed by the Department of Home Affairs, including the decisions of the immigration officer, Director-General, and Minister, complied with the requirements of the Immigration Act and PAJA. The Applicants did not apply for exemption under Section 31, and the facts of the Littlewood case were distinguishable. The Minister's administrative action was lawf…

  • Immigration Act Review
  • Procedural Fairness
  • Illegal Foreigner Determination
  • Exemption Application
  • Fraudulent Documentation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.