Nasr v Ness [2024] DIFC SCT 150 (17 July 2024)

Nasr v Ness [2024] DIFC SCT 150 (17 July 2024)

The Claimant fulfilled all contractual obligations and the visa was rejected for reasons unrelated to any fault or omission by the Claimant; therefore, under the Agreement, the Claimant is entitled to a refund. The Defendant's counterclaim fails for lack of evidence and legal basis.

Citation
[2024] DIFC SCT 150
Parties
Claimant: Nasr; Defendant: Ness
Jurisdiction
United Arab Emirates
Judgment Date
17 July 2024
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Breach of Contract, Refund of Service Fees, Immigration Services Agreement
Contract Law Breach of Contract Refund of Service Fees Immigration Services Agreement

Case Brief

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Parties

Nasr

Claimant

Ness

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Claimant is entitled to a refund under the Agreement after visa rejection
  2. 2 Whether the Defendant is entitled to compensation for alleged breach of Agreement

Ratio Decidendi

The Claimant fulfilled all contractual obligations and the visa was rejected for reasons unrelated to any fault or omission by the Claimant; therefore, under the Agreement, the Claimant is entitled to a refund. The Defendant's counterclaim fails for lack of evidence and legal basis.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • The Defendant shall pay the Claimant AED 27,405.
  • The Defendant shall pay the Claimant court fees of AED 1,371.18.