Xiuguo and Another v Director-General of the Department of Home Affairs and Another (60392/16)
Xiuguo and Another v Director-General of the Department of Home Affairs and Another (60392/16) [2018] ZAGPPHC 508 (5 July 2018)
The court found that the directive issued by the First Respondent on 3 February 2016, which retracted Circular No 10 of 2008, does not have retrospective effect on pending legalization applications. The First Applicant's application, submitted prior to the directive, must be considered in accordance with the principles established in Dabone, which allow asylum seekers to apply for residence permits under the Immigration Act. The refusal to register the birth of the Applicants' child was found to be unlawful, as the child is entitled to South African citizenship by virtue of having a South Afr…
Source excerpt
- Immigration Permits
- Retrospective Application Of Administrative Action
- Birth Registration
- Constitutional Rights Of Children
- Bathopele Principle
- Ubuntu