On Thursday, June 27, 2024, Lindsey Collen-Seegobin was allowed to continue her challenge against certain provisions of the new immigration law. However, it will have to reduce its scope of action. This was ruled by Justices David Chan Kan Cheong and Karuna Devi Gunesh-Balaghee in an interlocutory judgment.
In her complaint against the State, the Prime Minister and the Attorney General, Lindsey Collen-Seegobin seeks a declaration that section 11(8) of the Mauritius Citizenship Act (MCA) and section 39(4)(f) of the Immigration Act 2022 are unconstitutional. She points out that the provisions of these laws grant the Prime Minister the absolute power to revoke the Mauritian citizenship of anyone.
Born in South Africa, she said she married Dr Deoprasad Seegobin, a Mauritian citizen, in London in 1973. After acquiring British citizenship in 1974, she moved to Mauritius with her husband at the end of that year. In 1986, she renounced her British citizenship and became a Mauritian citizen.
In response to his complaint, the State and the Prime Minister, named as respondents, raised a point of law, namely the dismissal of the complaint. They argued that Lindsey Collen-Seegobin had not demonstrated how the impugned provisions violate the Constitution. They asserted that decisions made by the Prime Minister under section 11(8) are subject to judicial review, thus contradicting Lindsey Collen-Seegobin's assertion that he has absolute discretion.
In its interlocutory judgment, the Supreme Court partially granted the defendants' request. Lindsey Collen-Seegobin will be able to pursue her claims related to the alleged violation of her rights under Articles 1, 3, 15 and 16 of the Constitution.
However, the Court rejected part of his claims for lack of detailed arguments and sufficient evidence demonstrating how the provisions of the MCA violate Articles 2, 21 and 24 of the Constitution, among others. The matter will be called on July 18, 2024 for further action.
