High Court refuses judicial review of the decision refusing a South African national, who had remained in the State after his student visa had expired, access to scheme to regularise his residency in the State, on the grounds that: the scheme is administrative, and as long as the Minister for Justice did not act unlawfully, capriciously, arbitrarily or irrationally, she was entitled to require documentation of her choice and to refuse an application such as that made by this applicant, who did not or could not comply with her requirements; and the decision was not irrational.
Asylum and immigration - scope and application of a scheme for certain undocumented migrants – South African national challenging the decision refusing access to Scheme to regularise his immigration status – arrived in the State with a Student visa – stayed after it expired – applied to Scheme for persons who had arrived on student visas – application refused – review refused - did not meet the relevant Scheme eligibility criteria – argued that documentation he furnished was not properly considered - administrative nature of the Scheme - applicant did not have any financial documentation from 2012 of the type that the respondent claims was required -documentation before the minister – as long as the respondent did not act unlawfully, capriciously, arbitrarily or irrationally, she was entitled to require documentation of her choice and to refuse an application such as that made by this applicant who did not or could not comply with her requirements - no evidence of irrationality – judicial review refused