The Director-General, Department of Home Affairs and another v Islam and others

Mr Nurul Islam, a Bangladeshi citizen married to a South African citizen, was issued with a valid spousal visa under the Immigration Act 13 of 2002. After travelling abroad, he attempted to re-enter South Africa and presented a visa endorsed in his passport that was later identified by Home Affairs officials as a fraudulent visa falling within a category of known fraudulent visa labels. He was refused entry under s 29(1)(f) of the Act as a prohibited person and informed of his rights to internal review. His wife launched urgent High Court proceedings seeking to interdict his removal and to compel the Department of Home Affairs to allow his entry and re-issue his spousal visa pending review proceedings. The High Court granted interim relief permitting his entry and ordering re-issuance of the visa. The Director-General and Minister of Home Affairs appealed to the Supreme Court of Appeal.

The appeal was upheld. The High Court order was set aside and replaced with an order dismissing the application. No order as to costs was made.

The case reaffirms strict compliance with the Immigration Act where fraudulent visas are involved and confirms that courts may not compel the executive to admit foreign nationals contrary to statute. It restates the test for the appealability of interim interdicts, clarifies the stringent requirements for granting interim relief against the exercise of statutory powers, and underscores the importance of the separation of powers in immigration control.