Gov�t files notice to oppose asylum seekers� case
Lebogang Mosikare | Tuesday July 25, 2017 16:14
The AG representing the department of immigration and citizenship and officer commanding Botswana Prisons, FCII has filed a notice to appeal the judgement in a case in which 164 asylum seekers and their dependants are demanding to be moved from the FCII to the Dukwi Refugee Camp.
In its notice of grounds of appeal, the AG says it is dissatisfied with the entire judgement and order delivered by Justice Phadi Solomon on July 7 and it will appeal to the Court of Appeal upon grounds that the detention of the petitioners (present respondents) at the FCII is declared illegal.
“The respondent (present appellant) is ordered to release the petitioners and their dependants from detention with immediate effect and place them at the Dukwi Refugee Camp pending their removal from Botswana to countries willing to receive them.
“The grounds of appeal are that the judge misdirected herself and erred in fact and in law by failing to consider the provisions of Section 18 of the Immigration Act (Cap 25: 02) and failing to consider and take into account the appellant’s defence on grounds of security considerations,” says the AG ,who is now represented by prominent law firm Collins Newman and Co.
The AG also says the judge misdirected herself and erred in failing to find that there were exceptional circumstances justifying the respondent’s detention at the FCII.
The AG continues: “The judge erred and misdirected herself in adopting and applying the decision in Marie Rapi and others versus the AG by failing to properly apply Sections 18 and 45 (1) of the Act as read with Section 8 (2) of the Refugee Recognition and Control Act (Cap 25: 01).
“The judge failed to appreciate the material differences between that case and the present one and failing to find that the court in the Marie Rapi case, the judge erred inter alia in finding that an application of this kind can be brought by foreign nationals who seek their removal from a detention centre by way of a petition for a writ of hebeas corpus”.
The respondents’ attorney, Morgan Moseki said that the notice and grounds of appeal is surprising because the AG has moved 60 asylum seekers- inclusive of those rejected and awaiting asylum, to the Dukwi Refugee Camp.