Challenging An Immigration Notice to Leave Zimbabwe

Section 8 of the Immigration Act [Chapter 4:02] (‘the Act’) provides for prohibited persons who must not enter Zimbabwe. Prohibited persons may be instructed to leave Zimbabwe.

The 2 nd Applicant applied for a Residence Permit on the basis of his marriage to a Zimbabwean citizen. He was granted a thirty-day extension on his Holiday Visa whilst his application for a Residence Permit was being considered. On or about 02 nd June 2014, the 2 nd Applicant was invited for a meeting with Immigration Officers under the control of the Respondents. He was told to leave the country as he was deemed to be a “Prohibited” person in terms of section 14(1)(e)(i) of the Act. He was then given two options, that is, to leave the country immediately or to be deported. This was pursuant to s 17 of the Act.

The 2 nd Applicant became a ‘Prohibited Person’ by law, after he disclosed that he was once convicted in the United States of America (‘USA’) of being found in possession of dagga and sentenced to pay a fine of USD$1,000.00. It is not in dispute that dagga is classified as a dangerous or habit-forming drug in terms of the Dangerous Drugs Act [Chapter 15:02].

It hardly needs mentioning that the Minister can only issue an Immigration Notice to Leave Zimbabwe if his / her attention is drawn to the Applicant’s conviction for any of the offences specified in section 14(e) of the Act. The application was not granted as it was declared that the 2 nd Applicant is prohibited. Thus, challenging the Immigration Notice to Leave Zimbabwe did not succeed in this case.

The Applicant was deported to his country due to the fact that he had committed fraud by taking false identity documents. The documents were ordered to be destroyed and a further order was made that the Applicant be deported to his country of origin. In this case it was made clear that one can be instructed to leave the country after contravening the provisions of the Immigration Act [Chapter 4:02] despite the fact that he is a refugee.