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South Africa decisions
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Dlamini v DG Department of Home Affairs and Another (2115/2021) [2023] ZAGPPHC 1946 (28 November 2023)
The High Court dismissed an application to validate a spousal permit and challenge an identity document, holding the applicant had obtained and used documents by misrepresentation.
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 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…
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Mukonga v Minister of Home Affairs and Another (43102/20) [2022] ZAGPPHC 105 (17 February 2022)
The court found that the Minister's decision to refuse the upliftment of the applicant's prohibition status was lawful, rational, and based on adequate reasons. The applicant was declared a prohibited person due to his conviction for fraud and possession of fraudulent visas, and he failed to provide sufficient evidence that he was a victim of fraud or that his family circumstances warranted an exception. The Minister properly applied the Immigration Act and PAJA, and there was no legal basis to overturn the decision. The applicant's continued presence in South Africa was unlawful, and his arg…
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