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South Africa decisions
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Kulagin v Director General of Home Affairs and Another (53681/2019) [2022] ZAGPPHC 370 (15 May 2022)
The High Court dismissed an application for a declaration of South African citizenship, holding that the applicant failed to prove lawful naturalization or a right to relief.
Tawodzera v Minister of Home Affairs and Another (10938/20) [2020] ZAGPPHC 717 (1 December 2020)
The court found that the decisions to revoke the applicant's permanent residence permit and to deport him were irrational and not authorised by law. The Department of Home Affairs failed to provide any substantive evidence or particulars of the alleged fraud or misrepresentation, nor did it explain the legal basis for declaring the permit to have lapsed. The relevant version of section 26 of the Immigration Act at the time of the permit's issuance did not require a five-year marriage period, and provided that permanent residence would not lapse if the marriage ended due to death. The procedur…
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F.B and Others v Minister of Home Affairs and Others (11659/2018) [2018] ZAWCHC 153 (12 November 2018)
The Court held that D P B is a South African citizen by birth because both parents were lawfully admitted for permanent residence at the time of his birth, satisfying the requirements of section 2(1)(b) of the pre-amendment Citizenship Act. The negative construction of section 2(2) operates as a disqualification only where one parent lacks permanent residence and the other is not a citizen; this was not the case here. The Court rejected the respondents' argument for retrospective application of the amended provision, finding that such application would unlawfully interfere with vested rights.…
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Huijskens and Another v Minister of Home Affairs (9745/2017) [2017] ZAGPPHC 180 (23 March 2017)
The court found that the applicants are the authors of their own predicament, having failed to make a timely application for a new intra-company transfer work permit and not complying with certain regulatory requirements. However, the Department of Home Affairs also failed to provide an explanation for the delay in finalising the internal appeal against the refusal of the general work visa exemption. The court considered the significant investments made by the applicants, their employment creation, and the personal circumstances of their family. In the interests of fairness and to avoid preju…
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Tshwete v Minister of Home Affairs of the Government of Replublic of South Africa (155/87) [1987] ZASCA 154; [1988] 2 All SA 140 (A) (2 December 1987)
The court held that loss of South African citizenship did not remove the appellant’s pre-existing right to permanent residence, but it did end any right to enter without a visa.
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