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A Nigerian has approached the Civil Court in Bulawayo contesting a denial by the Department of Immigration of a spousal permit so that he could reside in the country.According to court documents, Mr Godwin Erochukwu Awachinemere was denied the permit on the grounds that he is not legally married to Ms Zanyiwe Ndlovu from Bulawayo.
The matter was heard by Bulawayo magistrate Ms Sibongile Msipa at the Civil Court housed at Tredgold Building yesterday and was postponed to 17 October.
The Immigration Department is expected to have filed a notice of opposition by that time. Mr Awachinemere, whose details were not given, had reportedly applied for a permit to stay in the country on the grounds that he is married to a Zimbabwean.
Mr Awachinemere has for years been struggling to get a permit to stay and work in the country, according to the court papers. The Department of Immigration denied Mr Awachinemere a residence permit on 9 September and he launched an appeal in terms of Section 21(2)(a) of the Immigration Act, Chapter 4:02.
In his grounds of appeal, Mr Awachinemere said the department erred in denying him the required permit through a notice which he said did not comply with the Act.
He challenged the department’s decision to regard the couple’s failure to have children as grounds to discredit his marriage to Ms Ndlovu, adding that the immigration officials erred in saying Ms Ndlovu was not married to him as she was “only seen when there are emergencies where the applicant is detained or about to be deported.”
Mr Awachinemere also accused the immigration officials of deliberately ignoring the fact that they interviewed the couple before about the marriage.
It is his prayer that the decision of the Immigration Department be set aside and a spousal permit issued to him.
Online Reporter