Koyabe and Others v Minister of Home Affairs and Others (Lawyers for Human Rights as Amicus Curiae)

Case Number:
CCT53/08
Citations:
[2009] ZACC 23
Citations:
2009 (12) BCLR 1192 (CC)
Citations:
2010 (4) SA 327 (CC)
Judge:
Mokgoro J
Hearing Date:
3 March 2009
Judgment Date:
25 August 2009
Case History:
Application for leave to appeal to the CC against a judgment of the North Gauteng High Court, Pretoria: Koyabe and Others v Minister for Home Affairs and Others Case No 4754/2007 18 January 2008, as yet unreported.
Synopsis:
On appeal from the North Gauteng High Court. Raised issues of the exhaustion of internal remedies prior to approaching a court for judicial review. This is required in terms of PAJA. Applicants (Kenyan nationals) had their residence permits withdrawn because they were fraudulently obtained. Letter explaining this was sufficient reason to allow for a meaningful review in terms of the Immigration Act, 2002. The applicants needed to exhaust this internal remedy before approaching the court. Appeal dismissed.
Judgment:
Full judgment

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