The applicant entered Zambia in 1964 as a refugee from Malawi and was treated "a refugee in law" since 30th June, 1971. On 15th October, 1972, the Minister of Home Affairs invoked the provisions of 5 s. 22 (2) of the Immigration and Deportation Act and declared the presence of the applicant in Zambia to be inimical to public interest and served him with notice to leave Zambia. The applicant's representation under s. 24 (1) of the Act having failed he was ordered to be detained under the provisions of s. 26 (3) of the Act. On a further representation he was 10 released but again detained after some time under s. 26 (3) of the Act. He sought an order of certiorari against the Minister's declaration of 15th October, 1972, and/or a declaration that the same was ultra vires.
It was ultra vires the powers of the Minister to invoke his powers 15 under the Immigration and Deportation Act and declare prohibited immigrant a refugee under the provisions of the Refugees (Control) Act, 1970.