M-Wakili

Ask a lawyer:
Write a hardship waiver application for a client facing deportation

Table of Contents

  1. Introduction

  2. Legal Framework for Hardship Waivers in Kenya

  3. Key Elements of a Hardship Waiver Application

  4. Sample Hardship Waiver Application

  5. Relevant Case Laws

  6. Conclusion

  7. TLDR


1. Introduction

In Kenya, individuals facing deportation may seek relief through a hardship waiver application. This legal mechanism allows individuals to present their case, demonstrating that their deportation would result in extreme hardship to themselves or their qualifying relatives. This document will provide an overview of the legal framework for hardship waivers in Kenya, outline the key elements of a hardship waiver application, and present a sample application for reference.

2. Legal Framework for Hardship Waivers in Kenya

The legal framework for hardship waivers in Kenya is primarily governed by the Immigration Act, Cap 172 of the Laws of Kenya. The Act provides the legal basis for the issuance of various permits and the deportation of individuals who do not comply with immigration laws. Section 33 of the Act outlines the grounds for deportation, while Section 34 provides for the issuance of permits and passes, including those that may be granted on humanitarian grounds.

Key Provisions:
  • Section 33: Grounds for deportation, including overstaying a visa, illegal entry, and other violations of immigration laws.

  • Section 34: Issuance of permits and passes, including those granted on humanitarian grounds.

3. Key Elements of a Hardship Waiver Application

A successful hardship waiver application must include the following key elements:

  1. Personal Information: Details of the applicant, including name, date of birth, nationality, and immigration status.

  2. Grounds for Hardship: A detailed explanation of the grounds for claiming hardship, including financial, medical, emotional, and social factors.

  3. Supporting Evidence: Documentation supporting the claims of hardship, such as medical reports, financial statements, and affidavits from family members and community leaders.

  4. Legal Arguments: References to relevant legal provisions and case laws that support the application.

  5. Conclusion: A summary of the key points and a request for the waiver to be granted.

4. Sample Hardship Waiver Application


Hardship Waiver Application

[Your Full Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]

[Date]

The Director of Immigration Services
Department of Immigration Services
P.O. Box 30191-00100
Nairobi, Kenya

Re: Application for Hardship Waiver

Dear Sir/Madam,

I am writing to formally request a hardship waiver in relation to my pending deportation. I am currently facing deportation due to [state the reason for deportation, e.g., overstaying my visa]. I respectfully request that you consider my application for a hardship waiver based on the following grounds:

Personal Information

  • Full Name: [Your Full Name]

  • Date of Birth: [Your Date of Birth]

  • Nationality: [Your Nationality]

  • Immigration Status: [Your Current Immigration Status]

Grounds for Hardship

Financial Hardship

I am the primary breadwinner for my family, which includes my spouse and two children. My deportation would result in significant financial hardship for my family, as they rely on my income for their basic needs, including housing, food, and education. Attached are copies of my employment records and financial statements demonstrating my financial contributions to my family.

Medical Hardship

My spouse suffers from a chronic medical condition that requires ongoing treatment and medication. My deportation would severely impact their ability to access necessary medical care, as I provide both financial and emotional support. Enclosed are medical reports and a letter from our family doctor detailing my spouse's condition and the importance of my presence for their well-being.

Emotional Hardship

My children are deeply attached to me, and my deportation would cause them significant emotional distress. They are currently enrolled in school and are well-integrated into the community. Disrupting their lives at this critical stage would have long-lasting negative effects on their emotional and psychological development. Included are letters from their teachers and school counselors attesting to their well-being and the potential impact of my deportation.

Supporting Evidence

  • Employment records and financial statements

  • Medical reports and a letter from our family doctor

  • Letters from teachers and school counselors

  • Affidavits from family members and community leaders

Legal Arguments

Under Section 34 of the Immigration Act, Cap 172, the Director of Immigration Services has the discretion to issue permits and passes on humanitarian grounds. I respectfully submit that my case warrants such consideration due to the extreme hardship that my deportation would cause to my family and me. Additionally, relevant case laws, such as [insert relevant case law], support the granting of hardship waivers in circumstances where deportation would result in significant hardship.

Conclusion

In light of the above, I kindly request that you grant my application for a hardship waiver. My deportation would result in extreme hardship to my family and me, and I believe that my continued presence in Kenya is in the best interest of all parties involved. I am willing to comply with any conditions that may be imposed as part of the waiver.

Thank you for your time and consideration.

Yours faithfully,

[Your Full Name]


5. Relevant Case Laws

1. Republic v. Minister for Immigration and Registration of Persons & 2 others Ex-Parte C.O. [2013] eKLR
  • Parties: C.O. (Applicant) vs. Minister for Immigration and Registration of Persons (Respondent)

  • Outcome: The High Court quashed the deportation order, emphasizing the need for fair administrative action and the consideration of humanitarian grounds.

  • Relevance: This case underscores the importance of considering humanitarian grounds and the potential hardship caused by deportation.

2. Republic v. Principal Immigration Officer & another Ex-Parte Laban Gachie [2014] eKLR
  • Parties: Laban Gachie (Applicant) vs. Principal Immigration Officer (Respondent)

  • Outcome: The court granted a stay of the deportation order, highlighting the need to consider the applicant's family ties and the potential hardship to his dependents.

  • Relevance: This case illustrates the court's willingness to intervene in deportation cases where significant hardship to the applicant and their family is demonstrated.

6. Conclusion

Applying for a hardship waiver in Kenya requires a comprehensive and well-documented application that clearly outlines the grounds for hardship and provides supporting evidence. By following the guidelines provided in this document and referencing relevant legal provisions and case laws, applicants can increase their chances of obtaining a waiver and avoiding deportation.

7. TLDR

To apply for a hardship waiver in Kenya, you must provide detailed personal information, explain the grounds for hardship, and submit supporting evidence. Relevant case laws, such as Republic v. Minister for Immigration and Registration of Persons & 2 others Ex-Parte C.O. [2013] eKLR, support the consideration of humanitarian grounds in deportation cases.


Sources:

  • Kenya Law Reports

  • Immigration Act, Cap 172

Answered by mwakili.com