The applicants have shown that they have a clear right to the relief they ultimately seek in the main application, a well-grounded apprehension of harm and no other satisfactory remedy. The respondents seek to have the Immigration Act trump the Refugees Act. This is contrary to the injunction in the Ruta case that the two statutes can and should be read in harmony. The applicants are thus entitled to the interim relief they seek, i.e. that they be issued with section 22 permits.
in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.