40 dating Egedal

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40 dating Egedal

[9] In opposing the relief sought it is contended on behalf of the respondents in both the Johnson and the Delorie applications that both applications ought to be dismissed in view of the fact that the declarations as undesirable persons in the instance of Egedal-Johnson in the Johnson application and Henderson in the Delorie application were self-created; that the refusal of admission into the Republic of Egedal-Johnson and Henderson are as a consequence of their own conduct; that they are authors of the circumstances giving rise to the alleged urgency and that they cannot be allowed to rely on their self-created urgency in launching these proceedings.[15]The first applicant states in her founding affidavit that her husband, the second applicant in the Delorie application, was issued with a work permit which lapsed on 21 April 2014.She states that he was unable to apply for an extension of that permit before it expired.[4] Under Part B of the notice of motion in the Johnson application, and on a date to be determined by the registrar, the applicants seek an order that: the first respondent’s decision to bring Regulation 27 of the 2014 Regulations to the Immigration Act, 13 of 2002 (“the Immigration Act”), into operation on be declared inconsistent with the Constitution of the Republic of South Africa, 1996 (“the Constitution”) and accordingly invalid, and that it be reviewed and set aside; the second respondent’s decision of to issue the aforementioned Immigration Directive 9 of 2014 to the second applicant be declared inconsistent with the Constitution and accordingly invalid, and that it be reviewed and set aside; the third and fourth respondent’s decision of which declared the second applicants to be “undesirable” in terms of the Immigration Act be declared inconsistent with the Constitution and accordingly invalid, and, similarly, that it be reviewed and set aside; the first respondent, and any other respondent who oppose the application, be ordered to pay the costs of the application.[5]In the Delorie application the following relief is sought as against the first and the second respondent in that application, namely, an order condoning non-compliance with the Uniform Rules of this Court relating to service and time periods, and directing that the matter be heard as one of urgency in terms of rule 6(12) of the Uniform Rules; that pending the final resolution of the relief sought in Part B of the notice of motion, an order directing that the enforcement of Directive 9 of 2014 issued by the Deputy Director-General of the Department of Home Affairs on , is suspended; an order directing that the determination, made by the departmental officials on , that the second applicant in the Delori application is an “undesirable person” in terms of section 30(1)(h) of the Immigration Act and the regulations promulgated thereunder, is suspended.

40 dating Egedal

[2] The respondents in these applications are the Minister of Home Affairs, the Director-General of Home Affairs, Millicent Motsi and Martin Jansen, cited as the first, second, third and the fourth respondent in the Johnson application, and the Minister of Home Affairs and the Director General of Home Affairs, cited as the first and the second respondent in the Delorie application.[3] In the Johnson application, in which the applicants sought leave to be heard as a matter of urgency, the following relief is sought under Part A of the notice of motion, namely: that it be ordered that, pending the final outcome of the application for the relief sought in Part B of the notice of motion, the Immigration Department Directive 9, 2014 issued on under the hand of the second respondent’s delegee in that application, shall be inoperative; that the second applicant’s declaration of undesirability on by the third and the fourth respondent be suspended; that the second applicant in the Johnson application be permitted forthwith to enter and remain in the Republic of South Africa with the third applicant, subject to reasonable terms and conditions.She had, under those circumstances, lawfully entered the country as his spouse. Pfungstadt singles The first applicant subsequently established her status as a South African citizen.He is a Zimbabwean citizen but has been permanently resident and domiciled in Cape Town since about 2005.


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