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No ruling as yet on constitutionality of immigration laws

This follows the department’s application to appeal a Western Cape High Court’s decision granting temporary relief that two families separated by the new immigration regulation be allowed re-entry into the country.

No Ruling As Yet On Constitutionality Of Immigration Laws

Brent Johnson and Cherene Delore were separated from their foreign spouses after they were declared “undesirable” and could not enter South Africa.

Delore’s Zimbabwean husband David Henderson was declared undesirable person after leaving South Africa — where he has lived for seven years — to travel to Zimbabwe on May 28 last year, while Johnson’s Danish wife, Louise Egedal-Johnson, was declared an undesirable person after a family holiday to Namibia the same month. Her permit was due to expire in February last year. Henderson’s permit had lapsed on April 28.

Their applications were heard together because of their similar nature.

The Western Cape High Court ordered Henderson and Egedal-Johnson be allowed back into the country pending the hearing of the second part of their court application, which challenge the validity of a new immigration regulation that came into operation at the end of May. Their return was also subject to reasonable conditions prescribed by the department’s Director-General.

According to the new regulation, a foreigner married to a South African must return to their home country to apply for a spousal visa at the South African mission there.

In its application for appeal, the department argued that the high court order invaded its executive authority “by effectively rendering the provisions of section 7(2) of the Promotion of Administrative Justice Act1 obsolete and by creating a precedent that allows for internal remedies under the Immigration Act2 (Act) to be bypassed.

The Constitutional Court, however, found that the order was only temporary in nature and did not finally dispose of any factual or legal issues.

Source: Times Live

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