VISA ESCALATION AND LITIGATION SERVICES SOUTH AFRICA

Overcoming Long-Pending Visa Processing Delays with Expert Visa Litigation

Due to ongoing backlogs at the Department of Home Affairs (“DHA”), litigation has become a critical solution for applicants experiencing unreasonable visa processing delays. At Visa Litigation Services South Africa, our legal team uses a proven 3-step approach to legally escalate long-pending applications, offering a structured and legally compliant route to resolve visa delays while ensuring that your rights are protected at all times.

Delays in adjudication can disrupt both personal and business plans. By leveraging our expertise in legal escalation, we deliver tailored solutions to expedite the process, secure timely outcomes, and provide legal recourse against prolonged delays. 

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Our Services

Our 3-Step Approach to Visa Litigation

1. Diagnostic Assessment

Our immigration attorneys in South Africa conduct a thorough legal analysis to assess your application’s readiness for legal escalation.

  • Ensure compliance with the Immigration Act and its accompanying regulations
  • Produce a diagnostic report outlining a tailored legal strategy for your visa or permanent residence application
  • Identify delay triggers or procedural failures
  • Audit all communications with DHA

2. Escalatory Letters

This ensures that all reasonable avenues have been exhausted and that the DHA has been given proper notice of our intention to approach the High Court.

  • Serve three escalation letters on the DHA
  • Set a 25-business-day deadline for the DHA response
  • Strategically prepare for High Court litigation, when required

3. High Court Application

If the DHA remains unresponsive, we then proceed to bring an application before the High Court, requesting the Court’s intervention and for an order compelling the DHA to properly adjudicate the pending application.

  • Draft the High Court application and any accompanying affidavits
  • Brief an Instructing Attorney and Advocate who will act on your behalf
  • Attend to serving and filing of the court application
  • Manage all legal correspondence with DHA
  • File mandamus applications to compel DHA action where necessary

Specialised Litigation for Long-Pending Applications

We specialise in individual High Court applications for long-pending visa and permanent residence applications, offering a personalised legal strategy that ensures DHA focuses on your pending application.

This targeted approach:

  • Leads to faster adjudication
  • Increases chances of success
  • Eliminates the risks associated with class-action litigation

With a 100% success rate, our visa litigation team provides a reliable, efficient solution for applicants seeking legal recourse against prolonged application processing delays.

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Types of High Court Orders

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Substitution Order

In exceptional cases, the High Court may grant a substitution order, allowing:

  • The court to make a decision on behalf of DHA
  • Immediate visa issuance by DHA based on the court’s decision
  • Granting the order only if the application is fully compliant with all legal requirements

Applied in cases of DHA administrative failure or undue visa delay

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Alternative Order

Alternatively, the High Court may issue an order requiring the DHA to:

  • Finalise the application within a specific timeframe
  • Ensure decisions meet court-determined deadlines
  • Provide formal explanations for further delays, ensuring accountability
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Why Choose Visa Litigation Services South Africa?

Expert Legal Team

Our visa immigration attorneys and specialists have in-depth knowledge of DHA procedures and legal frameworks

Tailored Solutions

Each case receives a customised escalation strategy based on individual circumstances

Proven Track Record

Successfully securing timely adjudication for long-pending applications with a 100% success rate

Individual Focus

Each application is treated independently to maximise outcomes and reduce litigation risks

End-to-End Support

From initial assessment to High Court intervention, we guide clients through every step

Contact Us

Ready to move forward or need a case assessment? Contact our team to schedule your Diagnostic Assessment.  

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John-Paul Fraser

Tax Attorney, Admitted Attorney, BCom (Law), LLB at TAX CONSULTING SOUTH AFRICA

John-Paul is employed at Tax Consulting South Africa and is an Admitted Attorney of the High Court of South Africa, having completed his BCom Law Degree LLB Degree. He is in the process of completing his Masters in Business Administration (MBA) through the University of Suffolk in England. John-Paul specialises in cross-border taxation and has found a passion in the technicalities and relief offered under the international legal framework ensuring that tax treatment of income and assets are correctly allocated to the relevant tax jurisdictions.

Black and white headshot of Keri Culver smiling broadly, wearing glasses and a button-down shirt.

Keri Culver

Senior Immigration Consultant at Xpatweb

Keri has dedicated the past eight years to the immigration industry, gaining extensive experience in Canadian, South African, Australian, EU, UK, African, and Mauritian visa processes. She manages a large corporate client portfolio, ensuring tailored solutions for businesses and individuals alike. Her comprehensive knowledge, combined with her extensive travels, enables her to provide personalised and effective immigration strategies to clients worldwide. Keri takes pride in delivering exceptional client service, ensuring every individual’s journey through immigration is smooth and efficient.