Ahmed and Others v Minister of Home Affairs and Another (People Against Suffering Oppression and Poverty, Lawyers for Human Rights and De Saude Attorneys Inc as Amici Curiae)

Case Number:
CCT273/17
Citations:
[2018] ZACC 39
Citations:
2018 (12) BCLR 1451 (CC)
Citations:
2019 (1) SA 1 (CC)
Judge:
Theron J
Hearing Date:
15 May 2018
Judgment Date:
9 October 2018
Case History:
Application for leave to appeal against a decision of the SCA: Minister of Home Affairs and Another v Ahmed and Others (1383/2016) [2017] ZASCA 123; 2017 (6) SA 554 (SCA) (26 September 2017). The case was previously heard in the Western Cape High Court: Ahmed and Others v Minister of Home Affairs and Another (3096/2016) [2016] ZAWCHC 123; [2016] 4 All SA 864 (WCC); 2017 (2) SA 417 (WCC) (21 September 2016).
Synopsis:
Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13 of 2002 — inconsistent with Immigration Act — invalid Immigration Directive 21 of 2015 — validity of directive — prohibits asylum seekers from applying for permanent residence permits — inconsistent with regulation 23 of Immigration Regulations of 2014 — invalid
Judgment:
Full judgment

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