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and approve the applicant’s application for citizenship. The circumstances of the case
were such that the 2nd respondent had taken over 4 years to
consider the applicant’s application. That clearly offended More than 4 years delay in
the applicant’s right to fair administrative action under processing an application for
article 47(1) of the Constitution for lack of expeditious, citizenship without informing
efficient, lawful reasonable and procedurally fair process. the applicant at what stage
More than 4 years delay in processing an application for such application had reached
was
clearly
unreasonable.
citizenship without informing the applicant at what stage
such application had reached was clearly unreasonable.
• On the powers of the court in relation to the powers of the Department of Immigration,
the court held that the mandate to register citizenship lay with the 2nd respondent, the
court could not properly direct that the applicant be registered as a citizen as that would
be taking over the power of the Immigration Authority. The court could, however,
properly direct that the application for citizenship be considered within a reasonable
time consistent with the right to Fair Administrative Action under article 47(1) of the
Constitution.
The Director, Department of Immigration Services; ordered to consider the applicant’s application
for citizenship within 30 days.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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