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Refugee
3 documents
AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
  • Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
Judgment 28 October 2025
S (On the application of Abdul Nahimana ( On his own behalf and on behalf of refugees and asylum seekers in Malawi)) and Mkumbira v Minister of Homeland Security in Malawi (Judicial Review Cause 18 of 2021) [2022] MWHCCiv 2 (12 August 2022)
Ex parte judicial-review permission and stay discharged where claimants lacked standing due to material non-disclosure.
  • Judicial review — permission and interim relief — inherent jurisdiction to vacate ex parte orders; Locus standi — sufficient interest; Material non-disclosure — duty of full and frank disclosure in ex parte applications; Refugee law — status determination and effect of Ministerial rejection; Administrative procedure — phased execution of relocation notice (rural then urban); Costs — awarded where claimants improperly obtained interim relief.
Judgment 12 August 2022
Ex Parte: Nsabimana and Others ; S v Department of Poverty and Disaster Management Affairs and Another (Application No. 19 of 2006) [2008] MWHC 79 (17 April 2008)
Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
  • Refugee law — residence restrictions — identity card versus urban residence permit — standing — procedural fairness (s.43 Constitution) — discrimination (ss.20 & 44) — Article 26 reservation — ultra vires delegation — Immigration Act authority
Judgment 17 April 2008