Narayanan v Immigration & ors (MA 133/2007 (MA 134/2021)) [2021] SCSC 918 (15 June 2021)

SUPREME COURT OF SEYCHELLES

Reportable/ Not Reportable / Redact

[2021] SCSC …

MA 133/2007

MA 134/2021

(Arising in CS 60/2021)

In the matter between:

BRAGANYA NARAYANAN Plaintiff/Petitioner

(rep. by Mr. Rajasundaram)

and

DEPARTMENT IMMIGRATION 1^st Defendant

(rep. by Mr. Joshua Revera)

ATTORNEY GENERAL 2^nd Defendant

(rep. by Mr. Joshua Revera)

Neutral Citation: Narayanan v Immigration & or ( MA 133/2007) (MA 134/2021) (Arising in CS 60_2021) [2021] SCSC

(15^th June 2021)

Before: Dodin J

Summary:

Heard:

Delivered: 15^th June 2021

ORDER

DODIN J

1. After hearing both counsel in this case and after having considered the position of the Plaintiff in case CS 60/2021 who is also the petitioner in MA 133 and MA 134 of 2021 I find that the application in CS 60/2021 and both MA matter are misguided as the Plaintiff who is also Petitioner had to:

1. Apply for extension of permit upon the pending expiration of her GOP.

2. Appeal to the Minister if such extension was denied: and

3. Seek judicial review if the appeal failed.

2. On that basis, both Plaint and Petitions are wrongly founded and cannot be sustained.

3. They are dismissed accordingly.

4. However, on the undertaking of the Defendants and Respondents to the Petitions, the Plaintiff and Petitioner shall be issued with a temporary permit with conditions as deemed fit by the Immigration Department so as to allow her to complete the hearings of the matters before the Employment Tribunal and the Supreme Court which she shall endeavour to do without undue delay.

5. A copy of this order shall be served on the PS Employment for the benefit of the Employment Tribunal and the Honourable Judge Pillay shall also be notified of this undertaking.

6. A copy to be served on Immigration Department.

Signed, dated and delivered at Ile du Port on 15^th June 2021.

____________

Dodin J