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High Court of Zambia - 1983 March

2 judgments
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2 judgments
March 1983
Joel Constantine Barnett v the Chief Immigration Officer and 2 Ors (1983/HP/417) [1983] ZMHC 9 (12 March 1983)
A non‑citizen has no constitutional right to indefinite stay pending civil claims; s.17 discretion lies with the Chief Immigration Officer.
  • Administrative law — Immigration — Judicial review of Chief Immigration Officer’s discretion to grant/extend temporary permits — restraint where executive exclusion/removal powers affect non‑nationals; Constitutional law — Article 24(3) — restrictions on freedom of movement of non‑Zambians; Immigration and Deportation Act s.17, s.22, s.23, s.24 — time‑limit substitution and absence of appeal to Minister; Future derogation of rights not actionable.
12 March 1983
Chief Immigration Officer v Honourable Minister of Home Affairs and Another (HP 417 of 1983) [1983] ZMHC 3 (11 March 1983)
Discretion to extend temporary residence rests with the immigration officer; non‑citizens have no constitutional right to indefinite stay.
  • Administrative law — Judicial review of immigration decisions; discretion under s.17 to grant/extend temporary permits; substitution of permit period for earlier notice; Article 24(3) permits lawful restrictions on non‑citizens’ movement; no appeal to Minister against s.17 decisions; courts show restraint in deportation/exclusion matters
11 March 1983