XIE ZHENG v THE CHIEF IMMIGRATION OFFICER and THE OFFICER IN CHARGE (HARARE REMAND PRISON)

HH 293-12

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Case Details

Court

Harare High Court

Date

10 July 2012

Citation

HH 293-12

Neutral Citation

[2012] ZWHH 293

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Immigration LawAdministrative Law

Keywords

AlienProhibited personPassportArrestDetention

Key Issues

{"issue_text":"Whether the applicant's detention was lawful under the Immigration Act","issue_type":"law","dispositive":"yes","related_facts":"Arrest on 4 July 2012, detention at Harare Remand Prison, expired visa, notice of prohibition"}
{"issue_text":"Whether the first respondent was entitled to arrest and detain the applicant under sections 32 and 8 of the Immigration Act","issue_type":"law","dispositive":"yes","related_facts":"Failure to produce passport, suspected breach of visitor's permit conditions, location at business address"}
{"issue_text":"Whether the 14-day detention period had expired","issue_type":"fact","dispositive":"no","related_facts":"Arrest on 4 July 2012, application filed 7 days later"}

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background

Facts of the Case

Background

The applicant, a Chinese national, entered Zimbabwe on holiday with a visa valid until 25 June 2012. He applied for an extension before expiry but his passport was allegedly retained by immigration authorities. After his visa expired, he was arrested on 4 July 2012 and detained at Harare Remand Prison. He challenged his detention as unlawful, claiming he could not leave because his passport was held by immigration. The respondent disputed this, claiming the applicant was working while on a visitor's permit and was in possession of his passport.

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