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Court overturns Brazilian’s deportation order

Jan 04, 2009 News

Owner of Olympia Club, Brazilian national Francisca Souza Carvalho, had her deportation reversed, and she has been granted her stay/work permit/ multiple entry business visa.

Her attorney, Anil Nandlall, said that Carvalho is back in the country and the Ministry of Home Affairs has informed him that his client has been granted her work permit.
As such, he added, the court action has been withdrawn.

Last month, Carvalho moved to the court and secured several orders, after being denied her stay/ work permit/ multiple entry business visa and ordered deported.

Justice Roxanne George-Wiltshire granted an Order or Rule Nisi of Certiorari, quashing a decision of the Chief Immigration Officer and/or Permanent Secretary and/or the Head, Immigration Support Services, or their servants, Ministry of Home Affairs, made on August 20, 2008, refusing to grant an extension of stay/ work permit/multiple entry business visa to Carvalho.

The judge also ordered an Order or Rule Nisi of Mandamus compelling the said Chief Immigration Officer to order the Permanent Secretary and/or the Head, Immigration Support Services, Ministry of Home Affairs, to grant to the applicant an extension of stay/work permit/multiple entry business visa for a period of three years.

Justice George-Wiltshire also made an Order or Rule Nisi of Certiorari quashing a decision of the Chief Immigration Officer and/or the Permanent Secretary and/or the Head, Immigration Support Services, Ministry of Home Affairs, made on or before November 3, 2008, deeming Carvalho a prohibited immigrant, and ordered them to show cause why the said Order or Rule Nisi of Certiorari should not be made absolute.

An order was also made quashing a decision made on or before November 3, 2008 to deport Carvalho.
These orders were sought on the grounds that the decisions unfairly disappointed Carvalho’s legitimate expectation, were biased, made in bad faith and based on irrelevant and improper considerations, are unreasonable, arbitrary, capricious, contrary to the principles of natural justice, unlawful, null, void and of no legal effect.

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