ConCourt brings relief to children born in SA to foreign parents

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“The argument is consistent with the ongoing attempts to frustrate and delay their application.”

The Western Cape High Court ruling in favour of the centre’s clients was taken on appeal to the SCA by the minister.

“But this was untenable,” the judges said. “It is difficult to understand on what basis the minister could have made any decision. They were never given an opportunity to apply. They were just turned away. “Despite these concessions, some 10 months later, the state decided to change its stance. We believed it was an abuse of process. They plainly had no reasonable prospects of success and again it showed a total disregard for taxpayers, who have to foot the bill for these types of vexatious proceedings.”

“Following the dismissal of their appeal, we will now be demanding the adjudication of those citizenship applications and we will approach the courts if necessary, should a decision not be made within 10 days, in accordance with the SCA ruling.

 

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