Litigation
When visa or permanent residence permit applications are delayed by the Department of Home Affairs and multiple attempts at escalation have failed, legal action through the High Court may be the most effective solution. This judicial intervention compels the Department to fulfil its legal obligations and process the application. Although the process is complex, it provides a structured and strategic pathway to ensure compliance with South African immigration laws and the protection of applicants’ rights.
1. Case Assessment and Pre-Litigation Strategy
Case Assessment and Pre-Litigation Strategy is the first step in the immigration litigation process. It involves a detailed review of the applicant’s case to ensure all administrative remedies have been exhausted and the Department of Home Affairs has failed to meet its obligations. This includes verifying documentation, checking statutory timeframes, and compiling evidence of communication delays or errors. The goal is to build a strong legal foundation for potential litigation based on procedural non-compliance or unreasonable delays by the Department.
Once all internal and administrative remedies have been exhausted, our immigration attorneys initiate the next step: preparing a formal High Court application. This legal action seeks to compel the Department of Home Affairs to process a pending visa or permit application within a clearly defined timeframe, typically between 10 and 30 business days.
What the Court Application Includes
Our court application is strategically structured to strengthen the client’s position and increase the likelihood of swift adjudication. It includes the following key components:
- Statutory Provisions: We cite specific immigration laws, regulations, and internal directives that legally oblige the Department of Home Affairs to process applications within reasonable or prescribed time limits.
- Relevant Case Law: The application references precedents where South African courts have issued orders compelling the Department of Home Affairs to act due to unreasonable delays in processing visa or permit applications.
- Documentary Evidence: We provide a complete record of prior correspondence and follow ups, clearly demonstrating the Department’s failure to act or respond within an acceptable timeframe.
- Filing and Serving the Application: The completed application is filed in the High Court of South Africa and formally served on the Department of Home Affairs and its legal representatives. This serves as official notification of legal proceedings and initiates the court’s oversight of the matter.
3. Legal Engagement and Negotiation
After serving the High Court application, our legal team engages with the State Attorney representing the Department of Home Affairs to seek an expedited, out-of-court resolution. Often, this results in a commitment from the Department to process the delayed visa or permit application within a specific timeframe.
If no meaningful response is received, we proceed to the High Court hearing, where the judge reviews all evidence including the Department’s failure to meet its legal and procedural obligations and may issue an order compelling action.
4. Judicial Argument and Court Order
During the judicial argument, our legal team presents the case to the court, demonstrating the unreasonable delays and Department of Home Affairs’ failure to adjudicate the application within a reasonable time. The court may issue a binding order requiring Department of Home Affairs to process the application within a strict timeline, typically within a few weeks, and may include additional remedies or penalties if there are significant administrative inefficiencies.
5. Ensuring Legal Transparency and Client Communication
Throughout the entire litigation process, we maintain full transparency with the applicant, providing regular updates on the status of the case and any developments from the Department of Home Affairs or the court. Our goal is to keep the applicant fully informed and minimise any potential stress during the proceedings
6. Enforcing Compliance and Achieving Resolution
We help applicants facing delayed visa or permanent residence permit applications in South Africa by using judicial intervention to compel the Department of Home Affairs to act. Our strategic High Court approach reduces delays, cuts costs, and increases the chance of success. If follow-ups have failed, our legal team can initiate court action to ensure your application is processed within a defined timeframe.
Contact us today to move your application forward.
If your visa or permanent residence application has been delayed despite persistent follow-ups, judicial intervention may offer a timely solution. Our experienced legal team specialises in utilising High Court action to compel the Department of Home Affairs to process applications within a defined and reasonable timeframe. Do not allow prolonged delays to impede your progress.
Contact us today and let us guide you towards securing the outcome on you long-pending application.
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