In this case, the brand new plaintiff, an excellent Pakistani federal, found requests so you can declare his arrest, detention, and you may deportation illegal
103 The applying to own save needed from the plaintiff was ergo dismissed. This situation is actually an illustration of exactly how asylum seekers is actually happy to ditch the security of one’s refugee system and you may shift – by way of marriages out of comfort – into safeguards of immigration system, that gives much more important liberties and experts.
Brand new make an effort to safer human shelter of the abandoning refugee coverage having immigration safety due to a married relationship regarding benefits is actually next reflected inside the Zaheer
The guy argued he are an enthusiastic asylum seeker; 104 that he is the brand new lover off a south African citizen which have just who he had a young child; one to, during the time of arrest, he was managing their spouse; and that the kid born on the age. 105 The plaintiff lived due to the fact an asylum seeker getting number of years, covered by the newest refugee system, following transformed so you can a close relative allow when he hitched a Southern area African citizen are included in new immigration program. 106 In the Court hearing, it transpired one his cousin permit is actually invalidated thus regarding his wife’s contention one their relationship was one of convenience, 107 but he tried in order to justify the new arbitrariness of the deportation on the basis of the South African produced child. The newest Courtroom unearthed that the marriage is actually certainly comfort into next basis:
(i) The wedding try finished in Southern area Africa however, followed brand new Pakistani standard behavior in this the marriage wasn’t customarily otherwise religiously create since the aren’t knew as the partners came from more faiths and you can ethnic backgrounds. 108