By this application, Joseph Nsabimana, a national of Rwanda (hereinafter
“the applicantâ€) seeks an order of this Court granting him leave to
commence judicial review proceedings in the High Court and an interim
injunction restraining the respondents from deporting or removing him
from Malawi..The application is brought ex parte and is supported by a
statement of grounds for judicial review and an affidavit sworn by Mr
Khumbo Bonzoe Soko, the applicant’s counsel.
The brief facts are that the applicant resides and carries out business in
Malawi under a Business Residence Permit issued to him by the 1%
respondent on 23 August 2019. It is valid for a period of five years; hence
it will expire on 22 August 2024. It is alleged that on Saturday, 24 June
2023 he was arrested by the police at his residence on suspicion that he is
committing the offence of money laundering. The police searched his house
and premises allegedly for fire arms, foreign currency and an “underground bunkerâ€. But none of these was found. He was taken into custody where he
has been interviewed by different state agents before being handed over
to agents of the 2" respondents. The applicant says that he is informed
that the respondents intend to drive him to one of the borders of Malawi
and deport him from the country. It is also alleged by the applicant that
this is the practice that the respondents have adopted since the ist
respondent announced an operation to relocate refugees to Dzaleka
purportedly to rid the country of “warlordsâ€ who have escaped from other
countries and have sought refuge in Malawi. 
