A German couple is suing the chairperson of the immigration selection board and the chief of immigration over their refusal to grant them permanent residence in Namibia.

The couple, who say they fell in love with Namibia and its peace-loving people during their frequent visits, wants the high court to set aside and review a decision by immigration to refuse them a permanent residence permit for allegedly not owning any fixed assets in Namibia. 

Christian Wilhelm and Stepanie Knoche assert that they own two properties in Namibia – a villa at Harmony Mountain Village, valued at N$3 million, and a property in Swakopmund, valued at N$2 million. 

They said the reasons for the refusal of immigration to grant them permanent residency in Namibia is without merit and preposterous.

Knoche, who is a retired lawyer, and his wife, who is a doctor in radiology, claim that they will not depend on government programmes to sustain them, as they are well-endowed and capable of looking after themselves. 

They claim that they have more than enough means to aid needy Namibian families, should the need arise. 

Papers filed at the high court by their lawyer Sisa Namandje state that the decision of the board is primarily based on the assumption that they do not possess property in Namibia, and the fear that they will depend on government programmes to sustain themselves, which is far-fetched. 

They have liquid assets in their respective bank accounts of more than N$5 million. 

In addition, they have a property in Germany, valued at N$19.4 million, which they rent out. 

They said the assumption of immigration that they will leech on Namibia is absurd, to say the least. 

The board gravely misconstrued and misapplied the section they relied on to reject their application, the couple further argued. 

They state that the section does not mention that a person applying for permanent residency in Namibia must have fixed property, and such a requirement would be unreasonable, irrational and absurd in circumstances where a person applying for permanent residency should do so whilst still outside the country. 

“It is, therefore, clear that the board did not only misconstrue and misapply the section, but also failed to apply its mind. 

“It, in fact, unlawfully introduced a requirement when it has no right whatsoever to create and apply a condition/requirement which is inconsistent and ultra vires the section,” they argued. 

They are, thus, asking the high court for an order reviewing, correcting and setting aside the decision of the board to refuse them a permanent residence permit, and the subsequent decision to reject their appeal. 

They further ask for an order declaring that the immigration board has no power to impose conditions and requirements that are inconsistent with the Immigration Control Act as well as an order that the immigration board’s requirement that the applicants must have sufficient assets and/or immovable assets in Namibia is unlawful, and must be set aside. 

They are also asking for costs. 

The board is defending the action, and is represented by Wana Chinsembu, on instructions of the government attorney. 

The case is presided over by Windhoek High Court Acting Judge Collins Parker.

-rrouth@nepc.com.na