The applicants, Kenyan nationals, had previously obtained permanent residence and later South African citizenship through processes later conceded to be fraudulent. After leaving South Africa in 2002, they returned lawfully and in 2006 were again granted permanent residence under the Immigration Act 13 of 2002. In January 2007, the Department of Home Affairs informed them that their permanent residence permits were withdrawn on the basis that they were prohibited persons due to prior fraud, and that they were liable for deportation. The letters also informed them of their right to request a ministerial review under section 8 of the Immigration Act. The applicants requested reasons under PAJA before lodging the internal review, but when the Department stated that sufficient reasons had already been given and the review period had lapsed, the applicants approached the High Court directly for judicial review. The High Court dismissed the application for failure to exhaust internal remedies. The applicants sought leave to appeal to the Constitutional Court.