Omar Dirie Hirsi v The Attorney General (2017 /HP /0380) [2017] ZMHC 516 (7 July 2017)

Omar Dirie Hirsi v The Attorney General (2017 /HP /0380) [2017] ZMHC 516 (7 July 2017)

The High Court has inherent jurisdiction to make interlocutory orders necessary to ensure justice and a fair hearing, including summoning the applicant to attend proceedings. The ex parte order granting a temporary permit does not usurp the statutory powers of immigration officers but ensures due process. The respondent's breach of the order undermines its application to set it aside. The ex parte order remains in force.

Citation
[2017] ZMHC 516
Parties
Applicant: Omar Dirie Hirsi; Respondent: The Attorney General
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
7 July 2017
Case Number
2017 /HP /0380
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Ex Parte Order
Outcome
Application to set aside ex parte order refused
Legal Topics
Judicial Review, Deportation, Jurisdiction of Court, Temporary Permits, Due Process, Contempt of Court
Source Language
English
Immigration Law Administrative Law Human Rights Judicial Review Deportation Jurisdiction of Court Temporary Permits Due Process +1 more

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Parties

Omar Dirie Hirsi

Applicant

The Attorney General

Respondent

Procedural Posture

Judicial Review / Ruling on Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant a temporary permit to a deported applicant to attend judicial review proceedings
  2. 2 Whether the ex parte order granting a temporary permit should be set aside for irregularity
  3. 3 Whether the Respondent's non-compliance with the ex parte order affects its right to be heard

Ratio Decidendi

The High Court has inherent jurisdiction to make interlocutory orders necessary to ensure justice and a fair hearing, including summoning the applicant to attend proceedings. The ex parte order granting a temporary permit does not usurp the statutory powers of immigration officers but ensures due process. The respondent's breach of the order undermines its application to set it aside. The ex parte order remains in force.

Court Disposition

Application to set aside ex parte order refused

Orders

  • Ex parte order dated 5th June 2017 remains in force
  • Applicant awarded costs to be taxed in default of agreement