VISA ESCALATION AND LITIGATION SERVICES
Overcoming Visa Processing Delays with Xpatweb
Due to ongoing backlogs at the Department of Home Affairs, litigation has become essential for applicants facing visa processing delays. Xpatweb’s legal team has developed a proven 3-pronged approach to escalating and litigating long-pending applications. This strategy ensures a structured, formal pathway for resolving visa delays while safeguarding applicants’ legal rights.
Delays in visa adjudication can cause significant disruptions to personal and business affairs. By leveraging our expertise in visa escalation and litigation, we provide tailored solutions to expedite application processing and secure timely outcomes.
Our 3-Step Approach
Diagnostic Assessment
- Legal review for compliance with the Immigration Act and DHA regulations
- Identification of delay triggers or procedural failures
- Audit of all communications with DHA
- Diagnostic report outlining litigation viability and next steps
Escalatory Letters
- Serve three formal legal letters to demand processing
- Set a 25-business-day deadline for DHA response
- Regular progress updates shared with you
- Strategic preparation for High Court litigation if required
High Court Application For Relief
- File a mandamus application compelling DHA to adjudicate
- Request resolution within 10–30 business days
- Engage DHA legal teams for expedited relief
- Seek judicial intervention where delay is unreasonable or unlawful
The third step provides applicants with a definitive pathway when all other administrative efforts have been exhausted.
We specialise in individual court applications for long-pending visa and Permanent Residence applications, providing a personalized legal strategy that ensures the Department of Home Affairs focuses on a single applicant’s case or family unit. This targeted approach leads to quicker adjudication, increased chances of success, and eliminates the risks associated with class action legal suits.
With a 100% success rate in securing favourable outcomes for clients, the visa litigation team offers a reliable and efficient solution for those seeking legal recourse against prolonged processing delays.
Types of High Court Orders
Substitution Order
In rare cases, the High Court may grant a substitution order, which:
- Allows the court to make a decision on behalf of the Department of Home Affairs.
- Department of Home Affairs to issue the visa immediately
- Requires a fully compliant application to justify the request.
- May be considered if there is evidence of gross administrative failure or unreasonable delay.
Alternative Order
As an alternative, the High Court may issue an order compelling the Department of Home Affairs to:
- Finalise the application within a specific timeframe
- Ensure a decision is made within court-determined deadlines
- Provide a formal explanation in case of further delays, ensuring accountability.
Why Choose Us?
- Expert Legal Team: Our immigration and litigation specialists have a deep understanding of Department of Home Affairs procedures and legal frameworks.
- Tailored Solutions: We customise our escalation approach based on each applicant’s circumstances.
- Proven Track Record: We have successfully secured timely visa adjudications through strategic litigation and maintained a 100% success rate for obtaining outcomes on long-pending applications.
- Individual Suits: Our approach ensures that each case is treated independently, allowing for a focused legal strategy that directly addresses the unique complexities of the applicant’s situation, ensuring optimal resolution.
- End-to-End Support: We guide clients through each stage, from initial assessment to High Court intervention if necessary.